Parts for H. Rept. 114-197

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114th Congress } { Rept. 114-197
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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WESTERN WATER AND AMERICAN FOOD SECURITY ACT OF 2015
_______
July 13, 2015.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2898]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2898) to provide drought relief in the State of
California, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Water and
American Food Security Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME
MONITORING AND UPDATED SCIENCE
Sec. 101. Definitions.
Sec. 102. Revise incidental take level calculation for delta smelt to
reflect new science.
Sec. 103. Factoring increased real-time monitoring and updated science
into Delta smelt management.
TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
Sec. 201. Definitions.
Sec. 202. Process for ensuring salmonid management is responsive to new
science.
Sec. 203. Non-Federal program to protect native anadromous fish in the
Stanislaus River.
Sec. 204. Pilot projects to implement calfed invasive species program.
TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
Sec. 301. Definitions.
Sec. 302. Operational flexibility in times of drought.
Sec. 303. Operation of cross-channel gates.
Sec. 304. Flexibility for export/inflow ratio.
Sec. 305. Emergency environmental reviews.
Sec. 306. Increased flexibility for regular project operations.
Sec. 307. Temporary operational flexibility for first few storms of the
water year.
Sec. 308. Expediting water transfers.
Sec. 309. Additional emergency consultation.
Sec. 310. Additional storage at New Melones.
Sec. 311. Regarding the operation of Folsom Reservoir.
Sec. 312. Applicants.
Sec. 313. San Joaquin River settlement.
Sec. 314. Program for water rescheduling.
TITLE IV--CALFED STORAGE FEASIBILITY STUDIES
Sec. 401. Studies.
Sec. 402. Temperance Flat.
Sec. 403. CALFED storage accountability.
Sec. 404. Water storage project construction.
TITLE V--WATER RIGHTS PROTECTIONS
Sec. 501. Offset for State Water Project.
Sec. 502. Area of origin protections.
Sec. 503. No redirected adverse impacts.
Sec. 504. Allocations for Sacramento Valley contractors.
Sec. 505. Effect on existing obligations.
TITLE VI--MISCELLANEOUS
Sec. 601. Authorized service area.
Sec. 602. Oversight board for Restoration Fund.
Sec. 603. Water supply accounting.
Sec. 604. Implementation of water replacement plan.
Sec. 605. Natural and artificially spawned species.
Sec. 606. Transfer the New Melones Unit, Central Valley Project to
interested providers.
Sec. 607. Basin studies.
Sec. 608. Operations of the Trinity River Division.
Sec. 609. Amendment to purposes.
Sec. 610. Amendment to definition.
TITLE VII--WATER SUPPLY PERMITTING ACT
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Establishment of lead agency and cooperating agencies.
Sec. 704. Bureau responsibilities.
Sec. 705. Cooperating agency responsibilities.
Sec. 706. Funding to process permits.
TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Acceleration of studies.
Sec. 804. Expedited completion of reports.
Sec. 805. Project acceleration.
Sec. 806. Annual report to Congress.
TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT
Sec. 901. Short title.
Sec. 902. Prepayment of certain repayment contracts between the United
States and contractors of federally developed water supplies.
TITLE X--SAFETY OF DAMS
Sec. 1001. Authorization of additional project benefits.
TITLE XI--WATER RIGHTS PROTECTION
Sec. 1101. Short title.
Sec. 1102. Definition of water right.
Sec. 1103. Treatment of water rights.
Sec. 1104. Recognition of State authority.
Sec. 1105. Effect of title.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) As established in the Proclamation of a State of
Emergency issued by the Governor of the State on January 17,
2014, the State is experiencing record dry conditions.
(2) Extremely dry conditions have persisted in the State
since 2012, and the drought conditions are likely to persist
into the future.
(3) The water supplies of the State are at record-low levels,
as indicated by the fact that all major Central Valley Project
reservoir levels were at 20-35 percent of capacity as of
September 25, 2014.
(4) The lack of precipitation has been a significant
contributing factor to the 6,091 fires experienced in the State
as of September 15, 2014, and which covered nearly 400,000
acres.
(5) According to a study released by the University of
California, Davis in July 2014, the drought has led to the
fallowing of 428,000 acres of farmland, loss of $810 million in
crop revenue, loss of $203 million in dairy and other livestock
value, and increased groundwater pumping costs by $454 million.
The statewide economic costs are estimated to be $2.2 billion,
with over 17,000 seasonal and part-time agricultural jobs lost.
(6) CVPIA Level II water deliveries to refuges have also been
reduced by 25 percent in the north of Delta region, and by 35
percent in the south of Delta region.
(7) Only one-sixth of the usual acres of rice fields are
being flooded this fall, which leads to a significant decline
in habitat for migratory birds and an increased risk of disease
at the remaining wetlands due to overcrowding of such birds.
(8) The drought of 2013 through 2014 constitutes a serious
emergency that poses immediate and severe risks to human life
and safety and to the environment throughout the State.
(9) The serious emergency described in paragraph (4)
requires--
(A) immediate and credible action that respects the
complexity of the water system of the State and the
importance of the water system to the entire State; and
(B) policies that do not pit stakeholders against one
another, which history shows only leads to costly
litigation that benefits no one and prevents any real
solutions.
(10) Data on the difference between water demand and reliable
water supplies for various regions of California south of the
Delta, including the San Joaquin Valley, indicate there is a
significant annual gap between reliable water supplies to meet
agricultural, municipal and industrial, groundwater, and
refuges water needs within the Delta Division, San Luis Unit
and Friant Division of the Central Valley Project and the State
Water Project south of the Sacramento-San Joaquin River Delta
and the demands of those areas. This gap varies depending on
the methodology of the analysis performed, but can be
represented in the following ways:
(A) For Central Valley Project South-of-Delta water
service contractors, if it is assumed that a water
supply deficit is the difference in the amount of water
available for allocation versus the maximum contract
quantity, then the water supply deficits that have
developed from 1992 to 2014 as a result of legislative
and regulatory changes besides natural variations in
hydrology during this timeframe range between 720,000
and 1,100,000 acre-feet.
(B) For Central Valley Project and State Water
Project water service contractors south of the Delta
and north of the Tehachapi mountain range, if it is
assumed that a water supply deficit is the difference
between reliable water supplies, including maximum
water contract deliveries, safe yield of groundwater,
safe yield of local and surface supplies and long-term
contracted water transfers, and water demands,
including water demands from agriculture, municipal and
industrial and refuge contractors, then the water
supply deficit ranges between approximately 2,500,000
to 2,700,000 acre-feet.
(11) Data of pumping activities at the Central Valley Project
and State Water Project delta pumps identifies that, on average
from Water Year 2009 to Water Year 2014, take of Delta smelt is
80 percent less than allowable take levels under the biological
opinion issued December 15, 2008.
(12) Data of field sampling activities of the Interagency
Ecological Program located in the Sacramento-San Joaquin
Estuary identifies that, on average from 2005 to 2013, the
program ``takes'' 3,500 delta smelt during annual surveys with
an authorized ``take'' level of 33,480 delta smelt annually--
according to the biological opinion issued December 9, 1997.
(13) In 2015, better information exists than was known in
2008 concerning conditions and operations that may or may not
lead to high salvage events that jeopardize the fish
populations, and what alternative management actions can be
taken to avoid jeopardy.
(14) Alternative management strategies, removing non-native
species, enhancing habitat, monitoring fish movement and
location in real-time, and improving water quality in the Delta
can contribute significantly to protecting and recovering these
endangered fish species, and at potentially lower costs to
water supplies.
(15) Resolution of fundamental policy questions concerning
the extent to which application of the Endangered Species Act
of 1973 affects the operation of the Central Valley Project and
State Water Project is the responsibility of Congress.
SEC. 3. DEFINITIONS.
In this Act:
(1) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh, as defined in sections
12220 and 29101 of the California Public Resources Code.
(2) Export pumping rates.--The term ``export pumping rates''
means the rates of pumping at the C.W. ``Bill'' Jones Pumping
Plant and the Harvey O. Banks Pumping Plant, in the southern
Delta.
(3) Listed fish species.--The term ``listed fish species''
means listed salmonid species and the Delta smelt.
(4) Listed salmonid species.--The term ``listed salmonid
species'' means natural origin steelhead, natural origin
genetic spring run Chinook, and genetic winter run Chinook
salmon including hatchery steelhead or salmon populations
within the evolutionary significant unit (ESU) or distinct
population segment (DPS).
(5) Negative impact on the long-term survival.--The term
``negative impact on the long-term survival'' means to reduce
appreciably the likelihood of the survival of a listed species
in the wild by reducing the reproduction, numbers, or
distribution of that species.
(6) OMR.--The term ``OMR'' means the Old and Middle River in
the Delta.
(7) OMR flow of -5,000 cubic feet per second.--The term ``OMR
flow of -5,000 cubic feet per second'' means Old and Middle
River flow of negative 5,000 cubic feet per second as described
in--
(A) the smelt biological opinion; and
(B) the salmonid biological opinion.
(8) Salmonid biological opinion.--The term ``salmonid
biological opinion'' means the biological opinion issued by the
National Marine Fisheries Service on June 4, 2009.
(9) Smelt biological opinion.--The term ``smelt biological
opinion'' means the biological opinion on the Long-Term
Operational Criteria and Plan for coordination of the Central
Valley Project and State Water Project issued by the United
States Fish and Wildlife Service on December 15, 2008.
(10) State.--The term ``State'' means the State of
California.
TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME
MONITORING AND UPDATED SCIENCE
SEC. 101. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION FOR DELTA SMELT TO
REFLECT NEW SCIENCE.
(a) Review and Modification.--Not later than October 1, 2016, and at
least every five years thereafter, the Director, in cooperation with
other Federal, State, and local agencies, shall use the best scientific
and commercial data available to complete a review and, modify the
method used to calculate the incidental take levels for adult and
larval/juvenile Delta smelt in the smelt biological opinion that takes
into account all life stages, among other considerations--
(1) salvage information collected since at least 1993;
(2) updated or more recently developed statistical models;
(3) updated scientific and commercial data; and
(4) the most recent information regarding the environmental
factors affecting Delta smelt salvage.
(b) Modified Incidental Take Level.--Unless the Director determines
in writing that one or more of the requirements described in paragraphs
(1) through (4) are not appropriate, the modified incidental take level
described in subsection (a) shall--
(1) be normalized for the abundance of prespawning adult
Delta smelt using the Fall Midwater Trawl Index or other index;
(2) be based on a simulation of the salvage that would have
occurred from 1993 through 2012 if OMR flow has been consistent
with the smelt biological opinions;
(3) base the simulation on a correlation between annual
salvage rates and historic water clarity and OMR flow during
the adult salvage period; and
(4) set the incidental take level as the 80 percent upper
prediction interval derived from simulated salvage rates since
at least 1993.
SEC. 103. FACTORING INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE
INTO DELTA SMELT MANAGEMENT.
(a) In General.--The Director shall use the best scientific and
commercial data available to implement, continuously evaluate, and
refine or amend, as appropriate, the reasonable and prudent alternative
described in the smelt biological opinion, and any successor opinions
or court order. The Secretary shall make all significant decisions
under the smelt biological opinion, or any successor opinions that
affect Central Valley Project and State Water Project operations, in
writing, and shall document the significant facts upon which such
decisions are made, consistent with section 706 of title 5, United
States Code.
(b) Increased Monitoring To Inform Real-Time Operations.--The
Secretary shall conduct additional surveys, on an annual basis at the
appropriate time of the year based on environmental conditions, in
collaboration with other Delta science interests.
(1) In implementing this section, the Secretary shall--
(A) use the most accurate survey methods available
for the detection of Delta smelt to determine the
extent that adult Delta smelt are distributed in
relation to certain levels of turbidity, or other
environmental factors that may influence salvage rate;
and
(B) use results from appropriate survey methods for
the detection of Delta smelt to determine how the
Central Valley Project and State Water Project may be
operated more efficiently to minimize salvage while
maximizing export pumping rates without causing a
significant negative impact on the long-term survival
of the Delta smelt.
(2) During the period beginning on December 1, 2015, and
ending March 31, 2016, and in each successive December through
March period, if suspended sediment loads enter the Delta from
the Sacramento River and the suspended sediment loads appear
likely to raise turbidity levels in the Old River north of the
export pumps from values below 12 Nephelometric Turbidity Units
(NTU) to values above 12 NTU, the Secretary shall--
(A) conduct daily monitoring using appropriate survey
methods at locations including, but not limited to, the
vicinity of Station 902 to determine the extent that
adult Delta smelt are moving with turbidity toward the
export pumps; and
(B) use results from the monitoring surveys
referenced in paragraph (A) to determine how increased
trawling can inform daily real-time Central Valley
Project and State Water Project operations to minimize
salvage while maximizing export pumping rates without
causing a significant negative impact on the long-term
survival of the Delta smelt.
(c) Periodic Review of Monitoring.--Within 12 months of the date of
enactment of this title, and at least once every 5 years thereafter,
the Secretary shall--
(1) evaluate whether the monitoring program under subsection
(b), combined with other monitoring programs for the Delta, is
providing sufficient data to inform Central Valley Project and
State Water Project operations to minimize salvage while
maximizing export pumping rates without causing a significant
negative impact on the long-term survival of the Delta smelt;
and
(2) determine whether the monitoring efforts should be
changed in the short or long term to provide more useful data.
(d) Delta Smelt Distribution Study.--
(1) In general.--No later than January 1, 2016, and at least
every five years thereafter, the Secretary, in collaboration
with the California Department of Fish and Wildlife, the
California Department of Water Resources, public water
agencies, and other interested entities, shall implement new
targeted sampling and monitoring specifically designed to
understand Delta smelt abundance, distribution, and the types
of habitat occupied by Delta smelt during all life stages.
(2) Sampling.--The Delta smelt distribution study shall, at a
minimum--
(A) include recording water quality and tidal data;
(B) be designed to understand Delta smelt abundance,
distribution, habitat use, and movement throughout the
Delta, Suisun Marsh, and other areas occupied by the
Delta smelt during all seasons;
(C) consider areas not routinely sampled by existing
monitoring programs, including wetland channels, near-
shore water, depths below 35 feet, and shallow water;
and
(D) use survey methods, including sampling gear, best
suited to collect the most accurate data for the type
of sampling or monitoring.
(e) Scientifically Supported Implementation of OMR Flow
Requirements.--In implementing the provisions of the smelt biological
opinion, or any successor biological opinion or court order, pertaining
to management of reverse flow in the Old and Middle Rivers, the
Secretary shall--
(1) consider the relevant provisions of the biological
opinion or any successor biological opinion;
(2) to maximize Central Valley project and State Water
Project water supplies, manage export pumping rates to achieve
a reverse OMR flow rate of -5,000 cubic feet per second unless
information developed by the Secretary under paragraphs (3) and
(4) leads the Secretary to reasonably conclude that a less
negative OMR flow rate is necessary to avoid a negative impact
on the long-term survival of the Delta smelt. If information
available to the Secretary indicates that a reverse OMR flow
rate more negative than -5,000 cubic feet per second can be
established without an imminent negative impact on the long-
term survival of the Delta smelt, the Secretary shall manage
export pumping rates to achieve that more negative OMR flow
rate;
(3) document in writing any significant facts about real-time
conditions relevant to the determinations of OMR reverse flow
rates, including--
(A) whether targeted real-time fish monitoring in the
Old River pursuant to this section, including
monitoring in the vicinity of Station 902, indicates
that a significant negative impact on the long-term
survival of the Delta smelt is imminent; and
(B) whether near-term forecasts with available
salvage models show under prevailing conditions that
OMR flow of -5,000 cubic feet per second or higher will
cause a significant negative impact on the long-term
survival of the Delta smelt;
(4) show in writing that any determination to manage OMR
reverse flow at rates less negative than -5,000 cubic feet per
second is necessary to avoid a significant negative impact on
the long-term survival of the Delta smelt, including an
explanation of the data examined and the connection between
those data and the choice made, after considering--
(A) the distribution of Delta smelt throughout the
Delta;
(B) the potential effects of documented, quantified
entrainment on subsequent Delta smelt abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination; and
(E) whether any alternative measures could have a
substantially lesser water supply impact; and
(5) for any subsequent biological opinion, make the showing
required in paragraph (4) for any determination to manage OMR
reverse flow at rates less negative than the most negative
limit in the biological opinion if the most negative limit in
the biological opinion is more negative than -5,000 cubic feet
per second.
(f) Memorandum of Understanding.--No later than December 1, 2015, the
Commissioner and the Director will execute a Memorandum of
Understanding (MOU) to ensure that the smelt biological opinion is
implemented in a manner that maximizes water supply while complying
with applicable laws and regulations. If that MOU alters any procedures
set out in the biological opinion, there will be no need to reinitiate
consultation if those changes will not have a significant negative
impact on the long-term survival on listed species and the
implementation of the MOU would not be a major change to implementation
of the biological opinion. Any change to procedures that does not
create a significant negative impact on the long-term survival to
listed species will not alter application of the take permitted by the
incidental take statement in the biological opinion under section
7(o)(2) of the Endangered Species Act of 1973.
(g) Calculation of Reverse Flow in OMR.--Within 90 days of the
enactment of this title, the Secretary is directed, in consultation
with the California Department of Water Resources to revise the method
used to calculate reverse flow in Old and Middle Rivers for
implementation of the reasonable and prudent alternatives in the smelt
biological opinion and the salmonid biological opinion, and any
succeeding biological opinions, for the purpose of increasing Central
Valley Project and State Water Project water supplies. The method of
calculating reverse flow in Old and Middle Rivers shall be reevaluated
not less than every five years thereafter to achieve maximum export
pumping rates within limits established by the smelt biological
opinion, the salmonid biological opinion, and any succeeding biological
opinions.
TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
SEC. 201. DEFINITIONS.
In this title:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator of the
National Oceanic and Atmospheric Administration for Fisheries.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(3) Other affected interests.--The term ``other affected
interests'' means the State of California, Indian tribes,
subdivisions of the State of California, public water agencies
and those who benefit directly and indirectly from the
operations of the Central Valley Project and the State Water
Project.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(5) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
SEC. 202. PROCESS FOR ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW
SCIENCE.
(a) General Directive.--The reasonable and prudent alternative
described in the salmonid biological opinion allows for and anticipates
adjustments in Central Valley Project and State Water Project operation
parameters to reflect the best scientific and commercial data currently
available, and authorizes efforts to test and evaluate improvements in
operations that will meet applicable regulatory requirements and
maximize Central Valley Project and State Water Project water supplies
and reliability. Implementation of the reasonable and prudent
alternative described in the salmonid biological opinion shall be
adjusted accordingly as new scientific and commercial data are
developed. The Commissioner and the Assistant Administrator shall fully
utilize these authorities as described below.
(b) Annual Reviews of Certain Central Valley Project and State Water
Project Operations.--No later than December 31, 2016, and at least
annually thereafter:
(1) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments to the
initiation of Action IV.2.3 as set forth in the Biological
Opinion and Conference Opinion on the Long-Term Operations of
the Central Valley Project and State Water Project, Endangered
Species Act Section 7 Consultation, issued by the National
Marine Fisheries Service on June 4, 2009, pertaining to
negative OMR flows, subject to paragraph (5).
(2) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments in the
timing, triggers or other operational details relating to the
implementation of pumping restrictions in Action IV.2.1
pertaining to the inflow to export ratio, subject to paragraph
(5).
(3) Pursuant to the consultation and assessments carried out
under paragraphs (1) and (2) of this subsection, the
Commissioner and the Assistant Administrator shall jointly make
recommendations to the Secretary of the Interior and to the
Secretary on adjustments to project operations that, in the
exercise of the adaptive management provisions of the salmonid
biological opinion, will reduce water supply impacts of the
salmonid biological opinion on the Central Valley Project and
the California State Water Project and are consistent with the
requirements of applicable law and as further described in
subsection (c).
(4) The Secretary and the Secretary of the Interior shall
direct the Commissioner and Assistant Administrator to
implement recommended adjustments to Central Valley Project and
State Water Project operations for which the conditions under
subsection (c) are met.
(5) The Assistant Administrator and the Commissioner shall
review and identify adjustments to Central Valley Project and
State Water Project operations with water supply restrictions
in any successor biological opinion to the salmonid biological
opinion, applying the provisions of this section to those water
supply restrictions where there are references to Actions
IV.2.1 and IV.2.3.
(c) Implementation of Operational Adjustments.--After reviewing the
recommendations under subsection (b), the Secretary of the Interior and
the Secretary shall direct the Commissioner and the Assistant
Administrator to implement those operational adjustments, or any
combination, for which, in aggregate--
(1) the net effect on listed species is equivalent to those
of the underlying project operational parameters in the
salmonid biological opinion, taking into account both--
(A) efforts to minimize the adverse effects of the
adjustment to project operations; and
(B) whatever additional actions or measures may be
implemented in conjunction with the adjustments to
operations to offset the adverse effects to listed
species, consistent with (d), that are in excess of the
adverse effects of the underlying operational
parameters, if any; and
(2) the effects of the adjustment can be reasonably expected
to fall within the incidental take authorizations.
(d) Evaluation of Offsetting Measures.--When examining and
identifying opportunities to offset the potential adverse effect of
adjustments to operations under subsection (c)(1)(B), the Commissioner
and the Assistant Administrator shall take into account the potential
species survival improvements that are likely to result from other
measures which, if implemented in conjunction with such adjustments,
would offset adverse effects, if any, of the adjustments. When
evaluating offsetting measures, the Commissioner and the Assistant
Administrator shall consider the type, timing and nature of the adverse
effects, if any, to specific species and ensure that the measures
likely provide equivalent overall benefits to the listed species in the
aggregate, as long as the change will not cause a significant negative
impact on the long-term survival of a listed salmonid species.
(e) Framework for Examining Opportunities To Minimize or Offset the
Potential Adverse Effect of Adjustments to Operations.--Not later than
December 31, 2015, and every five years thereafter, the Assistant
Administrator shall, in collaboration with the Director of the
California Department of Fish and Wildlife, based on the best
scientific and commercial data available and for each listed salmonid
species, issue estimates of the increase in through-Delta survival the
Secretary expects to be achieved--
(1) through restrictions on export pumping rates as specified
by Action IV.2.3 as compared to limiting OMR flow to a fixed
rate of -5,000 cubic feet per second within the time period
Action IV.2.3 is applicable, based on a given rate of San
Joaquin River inflow to the Delta and holding other relevant
factors constant;
(2) through San Joaquin River inflow to export restrictions
on export pumping rates specified within Action IV.2.1 as
compared to the restrictions in the April/May period imposed by
the State Water Resources Control Board decision D-1641, based
on a given rate of San Joaquin River inflow to the Delta and
holding other relevant factors constant;
(3) through physical habitat restoration improvements;
(4) through predation control programs;
(5) through the installation of temporary barriers, the
management of Cross Channel Gates operations, and other
projects affecting flow in the Delta;
(6) through salvaging fish that have been entrained near the
entrance to Clifton Court Forebay;
(7) through any other management measures that may provide
equivalent or better protections for listed species while
maximizing export pumping rates without causing a significant
negative impact on the long-term survival of a listed salmonid
species; and
(8) through development and implementation of conservation
hatchery programs for salmon and steelhead to aid in the
recovery of listed salmon and steelhead species.
(f) Survival Estimates.--
(1) To the maximum extent practicable, the Assistant
Administrator shall make quantitative estimates of survival
such as a range of percentage increases in through-Delta
survival that could result from the management measures, and if
the scientific information is lacking for quantitative
estimates, shall do so on qualitative terms based upon the best
available science.
(2) If the Assistant Administrator provides qualitative
survival estimates for a species resulting from one or more
management measures, the Secretary shall, to the maximum extent
feasible, rank the management measures described in subsection
(e) in terms of their most likely expected contribution to
increased through-Delta survival relative to the other
measures.
(3) If at the time the Assistant Administrator conducts the
reviews under subsection (b), the Secretary has not issued an
estimate of increased through-Delta survival from different
management measures pursuant to subsection (e), the Secretary
shall compare the protections to the species from different
management measures based on the best scientific and commercial
data available at the time.
(g) Comparison of Adverse Consequences for Alternative Management
Measures of Equivalent Protection for a Species.--
(1) For the purposes of this subsection and subsection (c)--
(A) the alternative management measure or combination
of alternative management measures identified in
paragraph (2) shall be known as the ``equivalent
alternative measure'';
(B) the existing measure or measures identified in
subparagraphs (2) (A), (B), (C), or (D) shall be known
as the ``equivalent existing measure''; and
(C) an ``equivalent increase in through-Delta
survival rates for listed salmonid species'' shall mean
an increase in through-Delta survival rates that is
equivalent when considering the change in through-Delta
survival rates for the listed salmonid species in the
aggregate, and not the same change for each individual
species, as long as the change in survival rates will
not cause a significant negative impact on the long-
term survival of a listed salmonid species.
(2) As part of the reviews of project operations pursuant to
subsection (b), the Assistant Administrator shall determine
whether any alternative management measures or combination of
alternative management measures listed in subsection (e) (3)
through (8) would provide an increase in through-Delta survival
rates for listed salmonid species that is equivalent to the
increase in through-Delta survival rates for listed salmonid
species from the following:
(A) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to limiting OMR
flow to a fixed rate of -5,000 cubic feet per second
within the time period Action IV.2.3 is applicable.
(B) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to a
modification of Action IV.2.3 that would provide
additional water supplies, other than that described in
subparagraph (A).
(C) Through San Joaquin River inflow to export
restrictions on export pumping rates specified within
Action IV.2.1, as compared to the restrictions in the
April/May period imposed by the State Water Resources
Control Board decision D-1641.
(D) Through San Joaquin River inflow to export
restrictions on export pumping rates specified within
Action IV.2.1, as compared to a modification of Action
IV.2.1 that would reduce water supply impacts of the
salmonid biological opinion on the Central Valley
Project and the California State Water Project, other
than that described in subparagraph (C).
(3) If the Assistant Administrator identifies an equivalent
alternative measure pursuant to paragraph (2), the Assistant
Administrator shall determine whether--
(A) it is technically feasible and within Federal
jurisdiction to implement the equivalent alternative
measure;
(B) the State of California, or subdivision thereof,
or local agency with jurisdiction has certified in
writing within 10 calendar days to the Assistant
Administrator that it has the authority and capability
to implement the pertinent equivalent alternative
measure; or
(C) the adverse consequences of doing so are less
than the adverse consequences of the equivalent
existing measure, including a concise evaluation of the
adverse consequences to other affected interests.
(4) If the Assistant Administrator makes the determinations
in subparagraph (3)(A) or (3)(B), the Commissioner shall adjust
project operations to implement the equivalent alternative
measure in place of the equivalent existing measure in order to
increase export rates of pumping to the greatest extent
possible while maintaining a net combined effect of equivalent
through-Delta survival rates for the listed salmonid species.
(h) Tracking Adverse Effects Beyond the Range of Effects Accounted
for in the Salmonid Biological Opinion and Coordinated Operation With
the Delta Smelt Biological Opinion.--
(1) Among the adjustments to the project operations
considered through the adaptive management process under this
section, the Assistant Administrator and the Commissioner
shall--
(A) evaluate the effects on listed salmonid species
and water supply of the potential adjustment to
operational criteria described in subparagraph (B); and
(B) consider requiring that before some or all of the
provisions of Actions IV.2.1. or IV.2.3 are imposed in
any specific instance, the Assistant Administrator show
that the implementation of these provisions in that
specific instance is necessary to avoid a significant
negative impact on the long-term survival of a listed
salmonid species.
(2) The Assistant Administrator, the Director, and the
Commissioner, in coordination with State officials as
appropriate, shall establish operational criteria to coordinate
management of OMR flows under the smelt and salmonid biological
opinions, in order to take advantage of opportunities to
provide additional water supplies from the coordinated
implementation of the biological opinions.
(3) The Assistant Administrator and the Commissioner shall
document the effects of any adaptive management decisions
related to the coordinated operation of the smelt and salmonid
biological opinions that prioritizes the maintenance of one
species at the expense of the other.
(i) Real-Time Monitoring and Management.--Notwithstanding the
calendar based triggers described in the salmonid biological opinion
Reasonable and Prudent Alternative (RPA), the Assistant Administrator
and the Commissioner shall not limit OMR reverse flow to -5,000 cubic
feet per second unless current monitoring data indicate that this OMR
flow limitation is reasonably required to avoid a significant negative
impact on the long-term survival of a listed salmonid species.
(j) Evaluation and Implementation of Management Measures.--If the
quantitative estimates of through-Delta survival established by the
Secretary for the adjustments in subsection (b)(2) exceed the through-
Delta survival established for the RPAs, the Secretary shall evaluate
and implement the management measures in subsection (b)(2) as a
prerequisite to implementing the RPAs contained in the Salmonid
Biological Opinion.
(k) Accordance With Other Law.--Consistent with section 706 of title
5, United States Code, decisions of the Assistant Administrator and the
Commissioner described in subsections (b) through (j) shall be made in
writing, on the basis of best scientific and commercial data currently
available, and shall include an explanation of the data examined at the
connection between those data and the decisions made.
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE
STANISLAUS RIVER.
(a) Establishment of Nonnative Predator Fish Removal Program.--The
Secretary and the districts, in consultation with the Director, shall
jointly develop and conduct a nonnative predator fish removal program
to remove nonnative striped bass, smallmouth bass, largemouth bass,
black bass, and other nonnative predator fish species from the
Stanislaus River. The program shall--
(1) be scientifically based;
(2) include methods to quantify the number and size of
predator fish removed each year, the impact of such removal on
the overall abundance of predator fish, and the impact of such
removal on the populations of juvenile anadromous fish found in
the Stanislaus River by, among other things, evaluating the
number of juvenile anadromous fish that migrate past the rotary
screw trap located at Caswell;
(3) among other methods, use wire fyke trapping, portable
resistance board weirs, and boat electrofishing; and
(4) be implemented as quickly as possible following the
issuance of all necessary scientific research.
(b) Management.--The management of the program shall be the joint
responsibility of the Secretary and the districts. Such parties shall
work collaboratively to ensure the performance of the program, and
shall discuss and agree upon, among other things, changes in the
structure, management, personnel, techniques, strategy, data
collection, reporting, and conduct of the program.
(c) Conduct.--
(1) In general.--By agreement between the Secretary and the
districts, the program may be conducted by their own personnel,
qualified private contractors hired by the districts, personnel
of, on loan to, or otherwise assigned to the National Marine
Fisheries Service, or a combination thereof.
(2) Participation by the national marine fisheries service.--
If the districts elect to conduct the program using their own
personnel or qualified private contractors hired by them in
accordance with paragraph (1), the Secretary may assign an
employee of, on loan to, or otherwise assigned to the National
Marine Fisheries Service, to be present for all activities
performed in the field. Such presence shall ensure compliance
with the agreed-upon elements specified in subsection (b). The
districts shall pay the cost of such participation in
accordance with subsection (d).
(3) Timing of election.--The districts shall notify the
Secretary of their election on or before October 15 of each
calendar year of the program. Such an election shall apply to
the work performed in the subsequent calendar year.
(d) Funding.--
(1) In general.--The districts shall be responsible for 100
percent of the cost of the program.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the districts to carry out
activities under the program.
(3) Estimation of cost.--On or before December 1 of each year
of the program, the Secretary shall submit to the districts an
estimate of the cost to be incurred by the National Marine
Fisheries Service for the program in the following calendar
year, if any, including the cost of any data collection and
posting under subsection (e). If an amount equal to the
estimate is not provided through contributions pursuant to
paragraph (2) before December 31 of that year--
(A) the Secretary shall have no obligation to conduct
the program activities otherwise scheduled for such
following calendar year until such amount is
contributed by the districts; and
(B) the districts may not conduct any aspect of the
program until such amount is contributed by the
districts.
(4) Accounting.--On or before September 1 of each year, the
Secretary shall provide to the districts an accounting of the
costs incurred by the Secretary for the program in the
preceding calendar year. If the amount contributed by the
districts pursuant to paragraph (2) for that year was greater
than the costs incurred by the Secretary, the Secretary shall--
(A) apply the excess contributions to costs of
activities to be performed by the Secretary under the
program, if any, in the next calendar year; or
(B) if no such activities are to be performed, repay
the excess contribution to the districts.
(e) Posting and Evaluation.--On or before the 15th day of each month,
the Secretary shall post on the Internet website of the National Marine
Fisheries Service a tabular summary of the raw data collected under the
program in the preceding month.
(f) Implementation.--The program is hereby found to be consistent
with the requirements of the Central Valley Project Improvement Act
(Public Law 102-575). No provision, plan or definition established or
required by the Central Valley Project Improvement Act (Public Law 102-
575) shall be used to prohibit the imposition of the program, or to
prevent the accomplishment of its goals.
(g) Treatment of Striped Bass.--For purposes of the application of
the Central Valley Project Improvement Act (title XXXIV of Public Law
102-575) with respect to the program, striped bass shall not be treated
as anadromous fish.
(h) Definition.--For the purposes of this section, the term
``districts'' means the Oakdale Irrigation District and the South San
Joaquin Irrigation District, California.
SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.
(a) In General.--Not later than January 1, 2017, the Secretary of the
Interior, in collaboration with the Secretary of Commerce, the Director
of the California Department of Fish and Wildlife, and other relevant
agencies and interested parties, shall begin pilot projects to
implement the invasive species control program authorized pursuant to
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
(b) Requirements.--The pilot projects shall--
(1) seek to reduce invasive aquatic vegetation, predators,
and other competitors which contribute to the decline of native
listed pelagic and anadromous species that occupy the
Sacramento and San Joaquin Rivers and their tributaries and the
Sacramento-San Joaquin Bay-Delta; and
(2) remove, reduce, or control the effects of species,
including Asiatic clams, silversides, gobies, Brazilian water
weed, largemouth bass, smallmouth bass, striped bass, crappie,
bluegill, white and channel catfish, and brown bullheads.
(c) Sunset.--The authorities provided under this subsection shall
expire seven years after the Secretaries commence implementation of the
pilot projects pursuant to subsection (a).
(d) Emergency Environmental Reviews.--To expedite the environmentally
beneficial programs for the conservation of threatened and endangered
species, the Secretaries shall consult with the Council on
Environmental Quality in accordance with section 1506.11 of title 40,
Code of Federal Regulations (or successor regulations), to develop
alternative arrangements to comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the projects pursuant
to subsection (a).
TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
SEC. 301. DEFINITIONS.
In this title:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4707).
(2) Reclamation project.--The term ``Reclamation Project''
means a project constructed pursuant to the authorities of the
reclamation laws and whose facilities are wholly or partially
located in the State.
(3) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(4) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq. and operated by the California Department
of Water Resources.
(5) State.--The term ``State'' means the State of California.
SEC. 302. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.
(a) Water Supplies.--For the period of time such that in any year
that the Sacramento Valley Index is 6.5 or lower, or at the request of
the State of California, and until two succeeding years following
either of those events have been completed where the final Sacramento
Valley Index is 7.8 or greater, the Secretaries shall provide the
maximum quantity of water supplies practicable to all individuals or
district who receive Central Valley Project water under water service
or repayments contracts, water rights settlement contracts, exchange
contracts, or refuge contracts or agreements entered into prior to or
after the date of enactment of this title; State Water Project
contractors, and any other tribe, locality, water agency, or
municipality in the State, by approving, consistent with applicable
laws (including regulations), projects and operations to provide
additional water supplies as quickly as practicable based on available
information to address the emergency conditions.
(b) Administration.--In carrying out subsection (a), the Secretaries
shall, consistent with applicable laws (including regulations)--
(1) issue all necessary permit decisions under the authority
of the Secretaries not later than 30 days after the date on
which the Secretaries receive a completed application from the
State to place and use temporary barriers or operable gates in
Delta channels to improve water quantity and quality for the
State Water Project and the Central Valley Project south of
Delta water contractors and other water users, on the condition
that the barriers or operable gates--
(A) do not result in a significant negative impact on
the long-term survival of listed species within the
Delta and provide benefits or have a neutral impact on
in-Delta water user water quality; and
(B) are designed so that formal consultations under
section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) are not necessary;
(2) require the Director of the United States Fish and
Wildlife Service and the Commissioner of Reclamation--
(A) to complete, not later than 30 days after the
date on which the Director or the Commissioner receives
a complete written request for water transfer, all
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary
to make final permit decisions on the request; and
(B) to approve any water transfer request described
in subparagraph (A) to maximize the quantity of water
supplies available for nonhabitat uses, on the
condition that actions associated with the water
transfer comply with applicable Federal laws (including
regulations);
(3) adopt a 1:1 inflow to export ratio, as measured as a 3-
day running average at Vernalis during the period beginning on
April 1, and ending on May 31, absent a determination in
writing that a more restrictive inflow to export ratio is
required to avoid a significant negative impact on the long-
term survival of a listed salmonid species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); provided that the
1:1 inflow to export ratio shall apply for the increment of
increased flow of the San Joaquin River resulting from the
voluntary sale, transfers, or exchanges of water from agencies
with rights to divert water from the San Joaquin River or its
tributaries and provided that the movement of the acquired,
transferred, or exchanged water through the Delta consistent
with the Central Valley Project's and the State Water Project's
permitted water rights and provided that movement of the
Central Valley Project water is consistent with the
requirements of section 3405(a)(1)(H) of the Central Valley
Project Improvement Act; and
(4) allow and facilitate, consistent with existing
priorities, water transfers through the C.W. ``Bill'' Jones
Pumping Plant or the Harvey O. Banks Pumping Plant from April 1
to November 30 provided water transfers comply with State law,
including the California Environmental Quality Act.
(c) Accelerated Project Decision and Elevation.--
(1) In general.--On request by the Governor of the State, the
Secretaries shall use the expedited procedures under this
subsection to make final decisions relating to a Federal
project or operation, or to local or State projects or
operations that require decisions by the Secretary of the
Interior or the Secretary of Commerce to provide additional
water supplies if the project's or operation's purpose is to
provide relief for emergency drought conditions pursuant to
subsections (a) and (b).
(2) Request for resolution.--
(A) In general.--On request by the Governor of the
State, the Secretaries referenced in paragraph (1), or
the head of another Federal agency responsible for
carrying out a review of a project, as applicable, the
Secretary of the Interior shall convene a final project
decision meeting with the heads of all relevant Federal
agencies to decide whether to approve a project to
provide relief for emergency drought conditions.
(B) Meeting.--The Secretary of the Interior shall
convene a meeting requested under subparagraph (A) not
later than 7 days after the date on which the meeting
request is received.
(3) Notification.--On receipt of a request for a meeting
under paragraph (2), the Secretary of the Interior shall notify
the heads of all relevant Federal agencies of the request,
including information on the project to be reviewed and the
date of the meeting.
(4) Decision.--Not later than 10 days after the date on which
a meeting is requested under paragraph (2), the head of the
relevant Federal agency shall issue a final decision on the
project, subject to subsection (e)(2).
(5) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under
this subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested under
paragraph (2).
(d) Application.--To the extent that a Federal agency, other than the
agencies headed by the Secretaries, has a role in approving projects
described in subsections (a) and (b), this section shall apply to those
Federal agencies.
(e) Limitation.--Nothing in this section authorizes the Secretaries
to approve projects--
(1) that would otherwise require congressional authorization;
or
(2) without following procedures required by applicable law.
(f) Drought Plan.--For the period of time such that in any year that
the Sacramento Valley index is 6.5 or lower, or at the request of the
State of California, and until two succeeding years following either of
those events have been completed where the final Sacramento Valley
Index is 7.8 or greater, the Secretaries of Commerce and the Interior,
in consultation with appropriate State officials, shall develop a
drought operations plan that is consistent with the provisions of this
Act including the provisions that are intended to provide additional
water supplies that could be of assistance during the current drought.
SEC. 303. OPERATION OF CROSS-CHANNEL GATES.
(a) In General.--The Secretary of Commerce and the Secretary of the
Interior shall jointly--
(1) authorize and implement activities to ensure that the
Delta Cross Channel Gates remain open to the maximum extent
practicable using findings from the United States Geological
Survey on diurnal behavior of juvenile salmonids, timed to
maximize the peak flood tide period and provide water supply
and water quality benefits for the duration of the drought
emergency declaration of the State, and for the period of time
such that in any year that the Sacramento Valley index is 6.5
or lower, or at the request of the State of California, and
until two succeeding years following either of those events
have been completed where the final Sacramento Valley Index is
7.8 or greater, consistent with operational criteria and
monitoring criteria set forth into the Order Approving a
Temporary Urgency Change in License and Permit Terms in
Response to Drought Conditions of the California State Water
Resources Control Board, effective January 31, 2014 (or a
successor order) and other authorizations associated with it;
(2) with respect to the operation of the Delta Cross Channel
Gates described in paragraph (1), collect data on the impact of
that operation on--
(A) species listed as threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) water quality; and
(C) water supply;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough
in coordination with Delta Cross Channel Gate diurnal
operations to protect migrating salmonids, consistent with
knowledge gained from activities carried out during 2014 and
2015;
(4) evaluate the combined salmonid survival in light of
activities carried out pursuant to paragraphs (1) through (3)
in deciding how to operate the Delta Cross Channel gates to
enhance salmonid survival and water supply benefits; and
(5) not later than May 15, 2016, submit to the appropriate
committees of the House of Representatives and the Senate a
notice and explanation on the extent to which the gates are
able to remain open.
(b) Recommendations.--After assessing the information collected under
subsection (a), the Secretary of the Interior shall recommend revisions
to the operation of the Delta Cross-Channel Gates, to the Central
Valley Project, and to the State Water Project, including, if
appropriate, any reasonable and prudent alternative contained in the
biological opinion issued by the National Marine Fisheries Service on
June 4, 2009, that are likely to produce water supply benefits without
causing a significant negative impact on the long-term survival of the
listed fish species within the Delta or on water quality.
SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO.
For the period of time such that in any year that the Sacramento
Valley index is 6.5 or lower, or at the request of the State of
California, and until two succeeding years following either of those
events have been completed where the final Sacramento Valley Index is
7.8 or greater, the Commissioner of the Bureau of Reclamation shall
continue to vary the averaging period of the Delta Export/Inflow ratio
pursuant to the California State Water Resources Control Board decision
D1641--
(1) to operate to a 35-percent Export/Inflow ratio with a 3-
day averaging period on the rising limb of a Delta inflow
hydrograph; and
(2) to operate to a 14-day averaging period on the falling
limb of the Delta inflow hydrograph.
SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS.
(a) NEPA Compliance.--To minimize the time spent carrying out
environmental reviews and to deliver water quickly that is needed to
address emergency drought conditions in the State during the duration
of an emergency drought declaration, the Secretaries shall, in carrying
out this Act, consult with the Council on Environmental Quality in
accordance with section 1506.11 of title 40, Code of Federal
Regulations (including successor regulations), to develop alternative
arrangements to comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) during the emergency.
(b) Determinations.--For the purposes of this section, a Secretary
may deem a project to be in compliance with all necessary environmental
regulations and reviews if the Secretary determines that the immediate
implementation of the project is necessary to address--
(1) human health and safety; or
(2) a specific and imminent loss of agriculture production
upon which an identifiable region depends for 25 percent or
more of its tax revenue used to support public services
including schools, fire or police services, city or county
health facilities, unemployment services or other associated
social services.
SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT OPERATIONS.
The Secretaries shall, consistent with applicable laws (including
regulations)--
(1) in coordination with the California Department of Water
Resources and the California Department of Fish and Wildlife,
implement offsite upstream projects in the Delta and upstream
of the Sacramento River and San Joaquin basins that offset the
effects on species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to
activities carried out pursuant this Act, as determined by the
Secretaries;
(2) manage reverse flow in the Old and Middle Rivers at -
6,100 cubic feet per second if real-time monitoring indicates
that flows of -6,100 cubic feet per second or more negative can
be established for specific periods without causing a
significant negative impact on the long-term survival of the
Delta smelt, or if real-time monitoring does not support flows
of -6,100 cubic feet per second than manage OMR flows at -5,000
cubic feet per second subject to section 103(e) (3) and (4);
and
(3) use all available scientific tools to identify any
changes to real-time operations of the Bureau of Reclamation,
State, and local water projects that could result in the
availability of additional water supplies.
SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW STORMS OF THE
WATER YEAR.
(a) In General.--Consistent with avoiding a significant negative
impact on the long-term survival in the short term upon listed fish
species beyond the range of those authorized under the Endangered
Species Act of 1973 and other environmental protections under
subsection (e), the Secretaries shall authorize the Central Valley
Project and the State Water Project, combined, to operate at levels
that result in negative OMR flows at -7,500 cubic feet per second
(based on United States Geological Survey gauges on Old and Middle
Rivers) daily average for 56 cumulative days after October 1 as
described in subsection (c).
(b) Days of Temporary Operational Flexibility.--The temporary
operational flexibility described in subsection (a) shall be authorized
on days that the California Department of Water Resources determines
the daily average river flow of the Sacramento River is at, or above,
17,000 cubic feet per second as measured at the Sacramento River at
Freeport gauge maintained by the United States Geologic Survey.
(c) Compliance With Endangered Species Act Authorizations.--In
carrying out this section, the Secretaries may continue to impose any
requirements under the smelt and salmonid biological opinions during
any period of temporary operational flexibility as they determine are
reasonably necessary to avoid an additional significant negative
impacts on the long-term survival of a listed fish species beyond the
range of those authorized under the Endangered Species Act of 1973,
provided that the requirements imposed do not reduce water supplies
available for the Central Valley Project and the State Water Project.
(d) Other Environmental Protections.--
(1) State law.--The Secretaries' actions under this section
shall be consistent with applicable regulatory requirements
under State law.
(2) First sediment flush.--During the first flush of sediment
out of the Delta in each water year, and provided that such
determination is based upon objective evidence, OMR flow may be
managed at rates less negative than -5,000 cubic feet per
second for a minimum duration to avoid movement of adult Delta
smelt (Hypomesus transpacificus) to areas in the southern Delta
that would be likely to increase entrainment at Central Valley
Project and State Water Project pumping plants.
(3) Applicability of opinion.--This section shall not affect
the application of the salmonid biological opinion from April 1
to May 31, unless the Secretary of Commerce finds that some or
all of such applicable requirements may be adjusted during this
time period to provide emergency water supply relief without
resulting in additional adverse effects beyond those authorized
under the Endangered Species Act of 1973. In addition to any
other actions to benefit water supply, the Secretary of the
Interior and the Secretary of Commerce shall consider allowing
through-Delta water transfers to occur during this period if
they can be accomplished consistent with section 3405(a)(1)(H)
of the Central Valley Project Improvement Act. Water transfers
solely or exclusively through the State Water Project are not
required to be consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the Fish and
Wildlife Service, National Marine Fisheries Service, and
California Department of Fish and Wildlife, shall undertake a
monitoring program and other data gathering to ensure
incidental take levels are not exceeded, and to identify
potential negative impacts and actions, if any, necessary to
mitigate impacts of the temporary operational flexibility to
species listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(e) Technical Adjustments to Target Period.--If, before temporary
operational flexibility has been implemented on 56 cumulative days, the
Secretaries operate the Central Valley Project and the State Water
Project combined at levels that result in OMR flows less negative than
-7,500 cubic feet per second during days of temporary operational
flexibility as defined in subsection (c), the duration of such
operation shall not be counted toward the 56 cumulative days specified
in subsection (a).
(f) Emergency Consultation; Effect on Running Averages.--
(1) If necessary to implement the provisions of this section,
the Commissioner is authorized to take any action necessary to
implement this section for up to 56 cumulative days. If during
the 56 cumulative days the Commissioner determines that actions
necessary to implement this section will exceed 56 days, the
Commissioner shall use the emergency consultation procedures
under the Endangered Species Act of 1973 and its implementing
regulation at section 402.05 of title 50, Code of Federal
Regulations, to temporarily adjust the operating criteria under
the biological opinions--
(A) solely for extending beyond the 56 cumulative
days for additional days of temporary operational
flexibility--
(i) no more than necessary to achieve the
purposes of this section consistent with the
environmental protections in subsections (d)
and (e); and
(ii) including, as appropriate, adjustments
to ensure that the actual flow rates during the
periods of temporary operational flexibility do
not count toward the 5-day and 14-day running
averages of tidally filtered daily OMR flow
requirements under the biological opinions, or
(B) for other adjustments to operating criteria or to
take other urgent actions to address water supply
shortages for the least amount of time or volume of
diversion necessary as determined by the Commissioner.
(2) Following the conclusion of the 56 cumulative days of
temporary operational flexibility, or the extended number of
days covered by the emergency consultation procedures, the
Commissioner shall not reinitiate consultation on these
adjusted operations, and no mitigation shall be required, if
the effects on listed fish species of these operations under
this section remain within the range of those authorized under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). If
the Commissioner reinitiates consultation, no mitigation
measures shall be required.
(g) Level of Detail Required for Analysis.--In articulating the
determinations required under this section, the Secretaries shall fully
satisfy the requirements herein but shall not be expected to provide a
greater level of supporting detail for the analysis than feasible to
provide within the short timeframe permitted for timely decisionmaking
in response to changing conditions in the Delta.
SEC. 308. EXPEDITING WATER TRANSFERS.
(a) In General.--Section 3405(a) of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4709(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as paragraphs
(4) through (6), respectively;
(2) in the matter preceding paragraph (4) (as so
designated)--
(A) in the first sentence, by striking ``In order
to'' and inserting the following:
``(1) In general.--In order to''; and
(B) in the second sentence, by striking ``Except as
provided herein'' and inserting the following:
``(3) Terms.--Except as otherwise provided in this section'';
(3) by inserting before paragraph (3) (as so designated) the
following:
``(2) Expedited transfer of water.--The Secretary shall take
all necessary actions to facilitate and expedite transfers of
Central Valley Project water in accordance with--
``(A) this Act;
``(B) any other applicable provision of the
reclamation laws; and
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).'';
(4) in paragraph (4) (as so designated)--
(A) in subparagraph (A), by striking ``to
combination'' and inserting ``or combination''; and
(B) by striking ``3405(a)(2) of this title'' each
place it appears and inserting ``(5)'';
(5) in paragraph (5) (as so designated), by adding at the end
the following:
``(E) The contracting district from which the water
is coming, the agency, or the Secretary shall determine
if a written transfer proposal is complete within 45
days after the date of submission of the proposal. If
the contracting district or agency or the Secretary
determines that the proposal is incomplete, the
district or agency or the Secretary shall state with
specificity what must be added to or revised for the
proposal to be complete.''; and
(6) in paragraph (6) (as so designated), by striking
``3405(a)(1)(A)-(C), (E), (G), (H), (I), (L), and (M) of this
title'' and inserting ``(A) through (C), (E), (G), (H), (I),
(L), and (M) of paragraph (4)''.
(b) Conforming Amendments.--The Central Valley Project Improvement
Act (Public Law 102-575) is amended--
(1) in section 3407(c)(1) (106 Stat. 4726), by striking
``3405(a)(1)(C)'' and inserting ``3405(a)(4)(C)''; and
(2) in section 3408(i)(1) (106 Stat. 4729), by striking
``3405(a)(1) (A) and (J) of this title'' and inserting
``subparagraphs (A) and (J) of section 3405(a)(4)''.
SEC. 309. ADDITIONAL EMERGENCY CONSULTATION.
For adjustments to operating criteria other than under section 308 of
this Act or to take urgent actions to address water supply shortages
for the least amount of time or volume of diversion necessary as
determined by the Commissioner of Reclamation, no mitigation measures
shall be required during any year that the Sacramento Valley index is
6.5 or lower, or at the request of the State of California, and until
two succeeding years following either of those events have been
completed where the final Sacramento Valley Index is 7.8 or greater,
and any mitigation measures imposed must be based on quantitative data
and required only to the extent that such data demonstrates actual harm
to species.
SEC. 310. ADDITIONAL STORAGE AT NEW MELONES.
The Commissioner of Reclamation is directed to work with local water
and irrigation districts in the Stanislaus River Basin to ascertain the
water storage made available by the Draft Plan of Operations in New
Melones Reservoir (DRPO) for water conservation programs, conjunctive
use projects, water transfers, rescheduled project water and other
projects to maximize water storage and ensure the beneficial use of the
water resources in the Stanislaus River Basin. All such programs and
projects shall be implemented according to all applicable laws and
regulations. The source of water for any such storage program at New
Melones Reservoir shall be made available under a valid water right,
consistent with the State of California water transfer guidelines and
any other applicable State water law. The Commissioner shall inform the
Congress within 18 months setting forth the amount of storage made
available by the DRPO that has been put to use under this program,
including proposals received by the Commissioner from interested
parties for the purpose of this section.
SEC. 311. REGARDING THE OPERATION OF FOLSOM RESERVOIR.
The Secretary of the Interior, in collaboration with the Sacramento
Water Forum, shall expedite evaluation, completion and implementation
of the Modified Lower American River Flow Management Standard developed
by the Water Forum in 2015 to improve water supply reliability for
Central Valley Project American River water contractors and resource
protection in the lower American River during consecutive dry-years
under current and future demand and climate change conditions.
SEC. 312. APPLICANTS.
In the event that the Bureau of Reclamation or another Federal agency
initiates or reinitiates consultation with the U.S. Fish and Wildlife
Service or the National Marine Fisheries Service under section 7(a)(2)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), with
respect to construction or operation of the Central Valley Project and
State Water Project, or any part thereof, the State Water Project
contractors and the Central Valley Project contractors will be accorded
all the rights and responsibilities extended to applicants in the
consultation process.
SEC. 313. SAN JOAQUIN RIVER SETTLEMENT.
(a) California State Law Satisfied by Warm Water Fishery.--
(1) In general.--Sections 5930 through 5948 of the California
Fish and Game Code, and all applicable Federal laws, including
the San Joaquin River Restoration Settlement Act (Public Law
111-11) and the Stipulation of Settlement (Natural Resources
Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. S-88-1658-LKK/GGH), shall be
satisfied by the existence of a warm water fishery in the San
Joaquin River below Friant Dam, but upstream of Gravelly Ford.
(2) Definition of warm water fishery.--For the purposes of
this section, the term ``warm water fishery'' means a water
system that has an environment suitable for species of fish
other than salmon (including all subspecies) and trout
(including all subspecies).
(b) Repeal of the San Joaquin River Settlement.--As of the date of
enactment of this section, the Secretary of the Interior shall cease
any action to implement the San Joaquin River Restoration Settlement
Act (subtitle A of title X of Public Law 111-11) and the Stipulation of
Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers,
et al., Eastern District of California, No. Civ. S-88-1658 LKK/GGH).
SEC. 314. PROGRAM FOR WATER RESCHEDULING.
By December 31, 2015, the Secretary of the Interior shall develop and
implement a program, including rescheduling guidelines for Shasta and
Folsom Reservoirs, to allow existing Central Valley Project
agricultural water service contractors within the Sacramento River
Watershed, and refuge service and municipal and industrial water
service contractors within the Sacramento River Watershed and the
American River Watershed to reschedule water, provided for under their
Central Valley Project contracts, from one year to the next; provided,
that the program is consistent with existing rescheduling guidelines as
utilized by the Bureau of Reclamation for rescheduling water for
Central Valley Project water service contractors that are located South
of the Delta.
TITLE IV--CALFED STORAGE FEASIBILITY STUDIES
SEC. 401. STUDIES.
The Secretary of the Interior, through the Commissioner of
Reclamation, shall--
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
361 (118 Stat. 1684) and submit such studies to the appropriate
committees of the House of Representatives and the Senate not
later than December 31, 2015;
(2) complete the feasibility studies described in clauses
(i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108-
361 and submit such studies to the appropriate committees of
the House of Representatives and the Senate not later than
November 30, 2016;
(3) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit
such study to the appropriate Committees of the House of
Representatives and the Senate not later than December 31,
2017;
(4) provide a progress report on the status of the
feasibility studies referred to in paragraphs (1) through (3)
to the appropriate committees of the House of Representatives
and the Senate not later than 90 days after the date of the
enactment of this Act and each 180 days thereafter until
December 31, 2017, as applicable. The report shall include
timelines for study completion, draft environmental impact
statements, final environmental impact statements, and Records
of Decision;
(5) in conducting any feasibility study under this Act, the
reclamation laws, the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
other applicable law, for the purposes of determining
feasibility the Secretary shall document, delineate, and
publish costs directly relating to the engineering and
construction of a water storage project separately from the
costs resulting from regulatory compliance or the construction
of auxiliary facilities necessary to achieve regulatory
compliance; and
(6) communicate, coordinate and cooperate with public water
agencies that contract with the United States for Central
Valley Project water and that are expected to participate in
the cost pools that will be created for the projects proposed
in the feasibility studies under this section.
SEC. 402. TEMPERANCE FLAT.
(a) Definitions.--For the purposes of this section:
(1) Project.--The term ``Project'' means the Temperance Flat
Reservoir Project on the Upper San Joaquin River.
(2) RMP.--The term ``RMP'' means the document titled
``Bakersfield Field Office, Record of Decision and Approved
Resource Management Plan,'' dated December 2014.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Applicability of RMP.--The RMP and findings related thereto shall
have no effect on or applicability to the Secretary's determination of
feasibility of, or on any findings or environmental review documents
related to--
(1) the Project; or
(2) actions taken by the Secretary pursuant to section
103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title
I of Public Law 108-361).
(c) Duties of Secretary Upon Determination of Feasibility.--If the
Secretary finds the Project to be feasible, the Secretary shall manage
the land recommended in the RMP for designation under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner that does not
impede any environmental reviews, preconstruction, construction, or
other activities of the Project, regardless of whether or not the
Secretary submits any official recommendation to Congress under the
Wild and Scenic Rivers Act.
(d) Reserved Water Rights.--Effective December 22, 2014, there shall
be no Federal reserved water rights to any segment of the San Joaquin
River related to the Project as a result of any designation made under
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 403. CALFED STORAGE ACCOUNTABILITY.
If the Secretary of the Interior fails to provide the feasibility
studies described in section 401 to the appropriate committees of the
House of Representatives and the Senate by the times prescribed, the
Secretary shall notify each committee chair individually in person on
the status of each project once a month until the feasibility study for
that project is provided to Congress.
SEC. 404. WATER STORAGE PROJECT CONSTRUCTION.
(a) Partnership and Agreements.--The Secretary of the Interior,
acting through the Commissioner of the Bureau of Reclamation, may
partner or enter into an agreement on the water storage projects
identified in section 103(d)(1) of the Water Supply Reliability and
Environmental Improvement Act (Public Law 108-361) (and Acts
supplemental and amendatory to the Act) with local joint powers
authorities formed pursuant to State law by irrigation districts and
other local water districts and local governments within the applicable
hydrologic region, to advance those projects.
(b) Authorization for Project.--If the Secretary determines a project
described in section 402(a)(1) and (2) is feasible, the Secretary is
authorized to carry out the project in a manner that is substantially
in accordance with the recommended plan, and subject to the conditions
described in the feasibility study, provided that no Federal funding
shall be used to construct the project.
TITLE V--WATER RIGHTS PROTECTIONS
SEC. 501. OFFSET FOR STATE WATER PROJECT.
(a) Implementation Impacts.--The Secretary of the Interior shall
confer with the California Department of Fish and Wildlife in
connection with the implementation of this Act on potential impacts to
any consistency determination for operations of the State Water Project
issued pursuant to California Fish and Game Code section 2080.1.
(b) Additional Yield.--If, as a result of the application of this
Act, the California Department of Fish and Wildlife--
(1) revokes the consistency determinations pursuant to
California Fish and Game Code section 2080.1 that are
applicable to the State Water Project;
(2) amends or issues one or more new consistency
determinations pursuant to California Fish and Game Code
section 2080.1 in a manner that directly or indirectly results
in reduced water supply to the State Water Project as compared
with the water supply available under the smelt biological
opinion and the salmonid biological opinion; or
(3) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water Project
in a manner that directly or indirectly results in reduced
water supply to the State Water Project as compared with the
water supply available under the smelt biological opinion and
the salmonid biological opinion, and as a consequence of the
Department's action, Central Valley Project yield is greater
than it would have been absent the Department's actions, then
that additional yield shall be made available to the State
Water Project for delivery to State Water Project contractors
to offset losses resulting from the Department's action.
(c) Notification Related to Environmental Protections.--The Secretary
of the Interior shall immediately notify the Director of the California
Department of Fish and Wildlife in writing if the Secretary of the
Interior determines that implementation of the smelt biological opinion
and the salmonid biological opinion consistent with this Act reduces
environmental protections for any species covered by the opinions.
SEC. 502. AREA OF ORIGIN PROTECTIONS.
(a) In General.--The Secretary of the Interior is directed, in the
operation of the Central Valley Project, to adhere to California's
water rights laws governing water rights priorities and to honor water
rights senior to those held by the United States for operation of the
Central Valley Project, regardless of the source of priority, including
any appropriative water rights initiated prior to December 19, 1914, as
well as water rights and other priorities perfected or to be perfected
pursuant to California Water Code Part 2 of Division 2. Article 1.7
(commencing with section 1215 of chapter 1 of part 2 of division 2,
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and
sections 12200 to 12220, inclusive).
(b) Diversions.--Any action undertaken by the Secretary of the
Interior and the Secretary of Commerce pursuant to both this Act and
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) that requires that diversions from the Sacramento River or the
San Joaquin River watersheds upstream of the Delta be bypassed shall
not be undertaken in a manner that alters the water rights priorities
established by California law.
(c) Endangered Species Act.--Nothing in this title alters the
existing authorities provided to and obligations placed upon the
Federal Government under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), as amended.
(d) Contracts.--With respect to individuals and entities with water
rights on the Sacramento River, the mandates of this section may be
met, in whole or in part, through a contract with the Secretary of the
Interior executed pursuant to section 14 of Public Law 76-260; 53 Stat.
1187 (43 U.S.C. 389) that is in conformance with the Sacramento River
Settlement Contracts renewed by the Secretary of the Interior in 2005.
SEC. 503. NO REDIRECTED ADVERSE IMPACTS.
(a) In General.--The Secretary of the Interior shall ensure that,
except as otherwise provided for in a water service or repayment
contract, actions taken in compliance with legal obligations imposed
pursuant to or as a result of this Act, including such actions under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and other applicable Federal and State laws, shall not directly
or indirectly--
(1) result in the involuntary reduction of water supply or
fiscal impacts to individuals or districts who receive water
from either the State Water Project or the United States under
water rights settlement contracts, exchange contracts, water
service contracts, repayment contracts, or water supply
contracts; or
(2) cause redirected adverse water supply or fiscal impacts
to those within the Sacramento River watershed, the San Joaquin
River watershed or the State Water Project service area.
(b) Costs.--To the extent that costs are incurred solely pursuant to
or as a result of this Act and would not otherwise have been incurred
by any entity or public or local agency or subdivision of the State of
California, such costs shall not be borne by any such entity, agency,
or subdivision of the State of California, unless such costs are
incurred on a voluntary basis.
(c) Rights and Obligations Not Modified or Amended.--Nothing in this
Act shall modify or amend the rights and obligations of the parties to
any existing--
(1) water service, repayment, settlement, purchase, or
exchange contract with the United States, including the
obligation to satisfy exchange contracts and settlement
contracts prior to the allocation of any other Central Valley
Project water; or
(2) State Water Project water supply or settlement contract
with the State.
SEC. 504. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.
(a) Allocations.--
(1) In general.--Subject to paragraph (2) and subsection (b),
the Secretary of the Interior is directed, in the operation of
the Central Valley Project, to allocate water provided for
irrigation purposes to existing Central Valley Project
agricultural water service contractors within the Sacramento
River Watershed in compliance with the following:
(A) Not less than 100 percent of their contract
quantities in a ``Wet'' year.
(B) Not less than 100 percent of their contract
quantities in an ``Above Normal'' year.
(C) Not less than 100 percent of their contract
quantities in a ``Below Normal'' year that is preceded
by an ``Above Normal'' or a ``Wet'' year.
(D) Not less than 50 percent of their contract
quantities in a ``Dry'' year that is preceded by a
``Below Normal,'' an ``Above Normal,'' or a ``Wet''
year.
(E) In all other years not identified herein, the
allocation percentage for existing Central Valley
Project agricultural water service contractors within
the Sacramento River Watershed shall not be less than
twice the allocation percentage to south-of-Delta
Central Valley Project agricultural water service
contractors, up to 100 percent; provided, that nothing
herein shall preclude an allocation to existing Central
Valley Project agricultural water service contractors
within the Sacramento River Watershed that is greater
than twice the allocation percentage to south-of-Delta
Central Valley Project agricultural water service
contractors.
(2) Conditions.--The Secretary's actions under paragraph (a)
shall be subject to--
(A) the priority of individuals or entities with
Sacramento River water rights, including those with
Sacramento River Settlement Contracts, that have
priority to the diversion and use of Sacramento River
water over water rights held by the United States for
operations of the Central Valley Project;
(B) the United States obligation to make a substitute
supply of water available to the San Joaquin River
Exchange Contractors; and
(C) the Secretary's obligation to make water
available to managed wetlands pursuant to section
3406(d) of the Central Valley Project Improvement Act
(Public Law 102-575).
(b) Protection of Municipal and Industrial Supplies.--Nothing in
subsection (a) shall be deemed to--
(1) modify any provision of a water service contract that
addresses municipal and industrial water shortage policies of
the Secretary;
(2) affect or limit the authority of the Secretary to adopt
or modify municipal and industrial water shortage policies;
(3) affect or limit the authority of the Secretary to
implement municipal and industrial water shortage policies; or
(4) affect allocations to Central Valley Project municipal
and industrial contractors pursuant to such policies.
Neither subsection (a) nor the Secretary's implementation of subsection
(a) shall constrain, govern or affect, directly, the operations of the
Central Valley Project's American River Division or any deliveries from
that Division, its units or facilities.
(c) No Effect on Allocations.--This section shall not--
(1) affect the allocation of water to Friant Division
contractors; or
(2) result in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant Division.
(d) Program for Water Rescheduling.--The Secretary of the Interior
shall develop and implement a program, not later than 1 year after the
date of the enactment of this Act, to provide for the opportunity for
existing Central Valley Project agricultural water service contractors
within the Sacramento River Watershed to reschedule water, provided for
under their Central Valley Project water service contracts, from one
year to the next.
(e) Definitions.--In this section:
(1) The term ``existing Central Valley Project agricultural
water service contractors within the Sacramento River
Watershed'' means water service contractors within the Shasta,
Trinity, and Sacramento River Divisions of the Central Valley
Project, that have a water service contract in effect, on the
date of the enactment of this section, that provides water for
irrigation.
(2) The year type terms used in subsection (a) have the
meaning given those year types in the Sacramento Valley Water
Year Type (40-30-30) Index.
SEC. 505. EFFECT ON EXISTING OBLIGATIONS.
Nothing in this Act preempts or modifies any existing obligation of
the United States under Federal reclamation law to operate the Central
Valley Project in conformity with State law, including established
water rights priorities.
TITLE VI--MISCELLANEOUS
SEC. 601. AUTHORIZED SERVICE AREA.
(a) In General.--The authorized service area of the Central Valley
Project authorized under the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706) shall include the area within the
boundaries of the Kettleman City Community Services District,
California, as in existence on the date of enactment of this Act.
(b) Long-Term Contract.--
(1) In general.--Notwithstanding the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) and
subject to paragraph (2), the Secretary of the Interior, in
accordance with the Federal reclamation laws, shall enter into
a long-term contract with the Kettleman City Community Services
District, California, under terms and conditions mutually
agreeable to the parties, for the delivery of up to 900 acre-
feet of Central Valley Project water for municipal and
industrial use.
(2) Limitation.--Central Valley Project water deliveries
authorized under the contract entered into under paragraph (1)
shall be limited to the minimal quantity necessary to meet the
immediate needs of the Kettleman City Community Services
District, California, in the event that local supplies or State
Water Project allocations are insufficient to meet those needs.
(c) Permit.--The Secretary shall apply for a permit with the State
for a joint place of use for water deliveries authorized under the
contract entered into under subsection (b) with respect to the expanded
service area under subsection (a), consistent with State law.
(d) Additional Costs.--If any additional infrastructure, water
treatment, or related costs are needed to implement this section, those
costs shall be the responsibility of the non-Federal entity.
SEC. 602. OVERSIGHT BOARD FOR RESTORATION FUND.
(a) Plan; Advisory Board.--Section 3407 of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4726) is amended by
adding at the end the following:
``(g) Plan on Expenditure of Funds.--
``(1) In general.--For each fiscal year, the Secretary, in
consultation with the Advisory Board, shall submit to Congress
a plan for the expenditure of all of the funds deposited into
the Restoration Fund during the preceding fiscal year.
``(2) Contents.--The plan shall include an analysis of the
cost-effectiveness of each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is established the Restoration
Fund Advisory Board (referred to in this section as the
`Advisory Board'), which shall be composed of 11 members
appointed by the Secretary.
``(2) Membership.--
``(A) In general.--The Secretary shall appoint
members to the Advisory Board that represent the
various Central Valley Project stakeholders, of whom--
``(i) 4 members shall be agricultural users
of the Central Valley Project, including at
least one agricultural user from north-of-the-
Delta and one agricultural user from south-of-
the-Delta;
``(ii) 2 members shall be municipal and
industrial users of the Central Valley Project,
including one municipal and industrial user
from north-of-the-Delta and one municipal and
industrial user from south-of-the-Delta;
``(iii) 3 members shall be power contractors
of the Central Valley Project, including at
least one power contractor from north-of-the-
Delta and from south-of-the-Delta;
``(iv) 1 member shall be a representative of
a Federal national wildlife refuge that
contracts for Central Valley Project water
supplies with the Bureau of Reclamation; and
``(v) 1 member shall have expertise in the
economic impacts of the changes to water
operations.
``(B) Observer.--The Secretary and the Secretary of
Commerce may each designate a representative to act as
an observer of the Advisory Board.
``(C) Chair.--The Secretary shall appoint 1 of the
members described in subparagraph (A) to serve as Chair
of the Advisory Board.
``(3) Terms.--The term of each member of the Advisory Board
shall be 4 years.
``(4) Date of appointments.--The appointment of a member of
the Panel shall be made not later than--
``(A) the date that is 120 days after the date of
enactment of this Act; or
``(B) in the case of a vacancy on the Panel described
in subsection (c)(2), the date that is 120 days after
the date on which the vacancy occurs.
``(5) Vacancies.--
``(A) In general.--A vacancy on the Panel shall be
filled in the manner in which the original appointment
was made and shall be subject to any conditions that
applied with respect to the original appointment.
``(B) Filling unexpired term.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
``(C) Expiration of terms.--The term of any member
shall not expire before the date on which the successor
of the member takes office.
``(6) Removal.--A member of the Panel may be removed from
office by the Secretary of the Interior.
``(7) Federal advisory committee act.--The Panel shall not be
subject to the requirements of the Federal Advisory Committee
Act.
``(8) Duties.--The duties of the Advisory Board are--
``(A) to meet not less frequently than semiannually
to develop and make recommendations to the Secretary
regarding priorities and spending levels on projects
and programs carried out under this title;
``(B) to ensure that any advice given or
recommendation made by the Advisory Board reflects the
independent judgment of the Advisory Board;
``(C) not later than December 31, 2015, and annually
thereafter, to submit to the Secretary and Congress the
recommendations under subparagraph (A); and
``(D) not later than December 31, 2015, and
biennially thereafter, to submit to Congress details of
the progress made in achieving the actions required
under section 3406.
``(9) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.
``(10) Cooperation and assistance.--
``(A) Provision of information.--Upon request of the
Panel Chair for information or assistance to facilitate
carrying out this section, the Secretary of the
Interior shall promptly provide such information,
unless otherwise prohibited by law.
``(B) Space and assistance.--The Secretary of the
Interior shall provide the Panel with appropriate and
adequate office space, together with such equipment,
office supplies, and communications facilities and
services as may be necessary for the operation of the
Panel, and shall provide necessary maintenance services
for such offices and the equipment and facilities
located therein.''.
SEC. 603. WATER SUPPLY ACCOUNTING.
(a) In General.--All Central Valley Project water, except Central
Valley Project water released pursuant to U.S. Department of the
Interior Record of Decision, Trinity River Mainstem Fishery Restoration
Final Environmental Impact Statement/Environmental Impact Report dated
December 2000 used to implement an action undertaken for a fishery
beneficial purpose that was not imposed by terms and conditions
existing in licenses, permits, and other agreements pertaining to the
Central Valley Project under applicable State or Federal law existing
on October 30, 1992, shall be credited to the quantity of Central
Valley Project yield dedicated and managed under this section;
provided, that nothing herein shall affect the Secretary of the
Interior's duty to comply with any otherwise lawful requirement imposed
on operations of the Central Valley Project under any provision of
Federal or State law.
(b) Reclamation Policies and Allocations.--Reclamation policies and
allocations shall not be based upon any premise or assumption that
Central Valley Project contract supplies are supplemental or secondary
to any other contractor source of supply.
SEC. 604. IMPLEMENTATION OF WATER REPLACEMENT PLAN.
(a) In General.--Not later than October 1, 2016, the Secretary of the
Interior shall update and implement the plan required by section
3408(j) of title XXXIV of Public Law 102-575. The Secretary shall
notify the Congress annually describing the progress of implementing
the plan required by section 3408(j) of title XXXIV of Public Law 102-
575.
(b) Potential Amendment.--If the plan required in subsection (a) has
not increased the Central Valley Project yield by 800,000 acre-feet
within 5 years after the enactment of this Act, then section 3406 of
the Central Valley Project Improvement Act (title XXXIV of Public Law
102-575) is amended as follows:
(1) In subsection (b)--
(A) by amending paragraph (2)(C) to read:
``(C) If by March 15, 2021, and any year thereafter
the quantity of Central Valley Project water forecasted
to be made available to all water service or repayment
contractors of the Central Valley Project is below 50
percent of the total quantity of water to be made
available under said contracts, the quantity of Central
Valley Project yield dedicated and managed for that
year under this paragraph shall be reduced by 25
percent.''.
SEC. 605. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of the enactment of this title, and regardless of the
date of listing, the Secretaries of the Interior and Commerce shall not
distinguish between natural-spawned and hatchery-spawned or otherwise
artificially propagated strains of a species in making any
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) that relates to any anadromous or pelagic fish species that
resides for all or a portion of its life in the Sacramento-San Joaquin
Delta or rivers tributary thereto.
SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL VALLEY PROJECT TO
INTERESTED PROVIDERS.
(a) Definitions.--For the purposes of this section, the following
terms apply:
(1) Interested local water and power providers.--The term
``interested local water and power providers'' includes the
Calaveras County Water District, Calaveras Public Power Agency,
Central San Joaquin Water Conservation District, Oakdale
Irrigation District, Stockton East Water District, South San
Joaquin Irrigation District, Tuolumne Utilities District,
Tuolumne Public Power Agency, and Union Public Utilities
District.
(2) New melones unit, central valley project.--The term ``New
Melones Unit, Central Valley Project'' means all Federal
reclamation projects located within or diverting water from or
to the watershed of the Stanislaus and San Joaquin rivers and
their tributaries as authorized by the Act of August 26, 1937
(50 Stat. 850), and all Acts amendatory or supplemental
thereto, including the Act of October 23, 1962 (76 Stat. 1173).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Negotiations.--Notwithstanding any other provision of law, not
later than 180 days after the date of the enactment of this Act, the
Secretary shall enter into negotiations with interested local water and
power providers for the transfer ownership, control, and operation of
the New Melones Unit, Central Valley Project to interested local water
and power providers within the State of California.
(c) Transfer.--The Secretary shall transfer the New Melones Unit,
Central Valley Project in accordance with an agreement reached pursuant
to negotiations conducted under subsection (b).
(d) Notification.--Not later than 360 days after the date of the
enactment of this Act, and every 6 months thereafter, the Secretary
shall notify the appropriate committees of the House of Representatives
and the Senate--
(1) if an agreement is reached pursuant to negotiations
conducted under subsection (b), the terms of that agreement;
(2) of the status of formal discussions with interested local
water and power providers for the transfer of ownership,
control, and operation of the New Melones Unit, Central Valley
Project to interested local water and power providers;
(3) of all unresolved issues that are preventing execution of
an agreement for the transfer of ownership, control, and
operation of the New Melones Unit, Central Valley Project to
interested local water and power providers;
(4) on analysis and review of studies, reports, discussions,
hearing transcripts, negotiations, and other information about
past and present formal discussions that--
(A) have a serious impact on the progress of the
formal discussions;
(B) explain or provide information about the issues
that prevent progress or finalization of formal
discussions; or
(C) are, in whole or in part, preventing execution of
an agreement for the transfer; and
(5) of any actions the Secretary recommends that the United
States should take to finalize an agreement for that transfer.
SEC. 607. BASIN STUDIES.
(a) Authorized Studies.--The Secretary of the Interior is authorized
and directed to expand opportunities and expedite completion of
assessments under section 9503(b) of the SECURE Water Act (42 U.S.C.
10363(b)), with non-Federal partners, of individual sub-basins and
watersheds within major Reclamation river basins; and shall ensure
timely decision and expedited implementation of adaptation and
mitigation strategies developed through the special study process.
(b) Funding.--
(1) In general.--The non-Federal partners shall be
responsible for 100 percent of the cost of the special studies.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the non-Federal partners to carry
out activities under the special studies.
SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION.
The Secretary of the Interior, in the operation of the Trinity River
Division of the Central Valley Project, shall not make releases from
Lewiston Dam in excess of the volume for each water-year type required
by the U.S. Department of the Interior Record of Decision, Trinity
River Mainstem Fishery Restoration Final Environmental Impact
Statement/Environmental Impact Report dated December 2000.
(1) A maximum of 369,000 acre-feet in a ``Critically Dry''
year.
(2) A maximum of 453,000 acre-feet in a ``Dry'' year.
(3) A maximum of 647,000 acre-feet in a ``Normal'' year.
(4) A maximum of 701,000 acre-feet in a ``Wet'' year.
(5) A maximum of 815,000 acre-feet in an ``Extremely Wet''
year.
SEC. 609. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act (106 Stat.
4706) is amended--
(1) in subsection (f), by striking the period at the end; and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife purposes by
this title is replaced and provided to Central Valley Project water
contractors by December 31, 2018, at the lowest cost reasonably
achievable; and
``(h) to facilitate and expedite water transfers in accordance with
this Act.''.
SEC. 610. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act (106 Stat.
4707) is amended--
(1) by amending subsection (a) to read as follows:
``(a) the term `anadromous fish' means those native stocks of salmon
(including steelhead) and sturgeon that, as of October 30, 1992, were
present in the Sacramento and San Joaquin Rivers and their tributaries
and ascend those rivers and their tributaries to reproduce after
maturing in San Francisco Bay or the Pacific Ocean;'';
(2) in subsection (l), by striking ``and,'';
(3) in subsection (m), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(n) the term `reasonable flow' means water flows capable of being
maintained taking into account competing consumptive uses of water and
economic, environmental, and social factors.''.
TITLE VII--WATER SUPPLY PERMITTING ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Water Supply Permitting Coordination
Act''.
SEC. 702. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States covered
under the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.) constructed on lands administered by the
Department of the Interior or the Department of Agriculture,
exclusive of any easement, right-of-way, lease, or any private
holding.
(4) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 703(c).
SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.
(a) Establishment of Lead Agency.--The Bureau of Reclamation is
established as the lead agency for purposes of coordinating all
reviews, analyses, opinions, statements, permits, licenses, or other
approvals or decisions required under Federal law to construct
qualifying projects.
(b) Identification and Establishment of Cooperating Agencies.--The
Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency in
regards to the qualifying project unless that agency responds
to the Bureau in writing, within a timeframe set forth by the
Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect to
the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated therewith; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of such a
project or make any decision with respect to such
project in a manner other than in cooperation with the
Bureau.
(c) State Authority.--A State in which a qualifying project is being
considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this title all State
agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing a
permit, license, or approval for the qualifying
project.
SEC. 704. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this title are to--
(1) serve as the point of contact for applicants, State
agencies, Indian tribes, and others regarding proposed
qualifying projects;
(2) coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the following
coordination responsibilities:
(1) Pre-application coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30 days
after receipt of a proposal and facilitate a preapplication
meeting for prospective applicants, relevant Federal and State
agencies, and Indian tribes to--
(A) explain applicable processes, data requirements,
and applicant submissions necessary to complete the
required Federal agency reviews within the timeframe
established; and
(B) establish the schedule for the qualifying
project.
(2) Consultation with cooperating agencies.--Consult with the
cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely manner,
and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant and
cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies
under applicable laws and regulations;
(B) the resources available to the cooperating
agencies and the non-Federal qualifying project
sponsor, as applicable;
(C) the overall size and complexity of the qualifying
project;
(D) the overall schedule for and cost of the
qualifying project; and
(E) the sensitivity of the natural and historic
resources that may be affected by the qualifying
project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies make
necessary decisions, within their respective authorities,
regarding Federal approvals in accordance with the following
timelines:
(A) Not later than one year after acceptance of a
completed project application when an environmental
assessment and finding of no significant impact is
determined to be the appropriate level of review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Not later than one year and 30 days after the
close of the public comment period for a draft
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), when an environmental impact statement is
required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the cooperating agencies as the basis for agency
decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law, make
available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority to
oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be responsible
for ensuring fulfillment of all Bureau responsibilities set
forth in this section and all cooperating agency
responsibilities under section 705.
SEC. 705. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--Upon notification of an
application for a qualifying project, all cooperating agencies shall
submit to the Bureau a timeframe under which the cooperating agency
reasonably considers it will be able to complete its authorizing
responsibilities. The Bureau shall use the timeframe submitted under
this subsection to establish the project schedule under section 704,
and the cooperating agencies shall adhere to the project schedule
established by the Bureau.
(b) Environmental Record.--Cooperating agencies shall submit to the
Bureau all environmental review material produced or compiled in the
course of carrying out activities required under Federal law consistent
with the project schedule established by the Bureau.
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the cooperating agencies shall submit all relevant project
data to the Bureau in a generally accessible electronic format subject
to the project schedule set forth by the Bureau.
SEC. 706. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with the Administrative Procedures Act (5 U.S.C. 553), may accept and
expend funds contributed by a non-Federal public entity to expedite the
evaluation of a permit of that entity related to a qualifying project.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the Secretary
shall ensure that the use of funds accepted under subsection
(a) will not impact impartial decisionmaking with respect to
permits, either substantively or procedurally.
(2) Evaluation of permits.--In carrying out this section, the
Secretary shall ensure that the evaluation of permits carried
out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau, or the Regional Director's designee, of the
region in which the qualifying project or activity is
located; and
(B) use the same procedures for decisions that would
otherwise be required for the evaluation of permits for
similar projects or activities not carried out using
funds authorized under this section.
(3) Impartial decisionmaking.--In carrying out this section,
the Secretary and the cooperating agencies receiving funds
under this section for qualifying projects shall ensure that
the use of the funds accepted under this section for such
projects shall not--
(A) impact impartial decisionmaking with respect to
the issuance of permits, either substantively or
procedurally; or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of such agencies.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(2)(A).
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this section
are made available to the public, including on the Internet.
TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING
SEC. 801. SHORT TITLE.
This title may be cited as the ``Bureau of Reclamation Project
Streamlining Act''.
SEC. 802. DEFINITIONS.
In this title:
(1) Environmental impact statement.--The term ``environmental
impact statement'' means the detailed statement of
environmental impacts of a project required to be prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a project study.
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project study under any Federal law
other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Federal jurisdictional agency.--The term ``Federal
jurisdictional agency'' means a Federal agency with
jurisdiction delegated by law, regulation, order, or otherwise
over a review, analysis, opinion, statement, permit, license,
or other approval or decision required for a project study
under applicable Federal laws (including regulations).
(4) Federal lead agency.--The term ``Federal lead agency''
means the Bureau of Reclamation.
(5) Project.--The term ``project'' means a surface water
project, a project under the purview of title XVI of Public Law
102-575, or a rural water supply project investigated under
Public Law 109-451 to be carried out, funded or operated in
whole or in party by the Secretary pursuant to the Act of June
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, or local authority or instrumentality or other
qualifying entity, such as a water conservation district,
irrigation district, water conservancy district, joint powers
authority, mutual water company, canal company, rural water
district or association, or any other entity that has the
capacity to contract with the United States under Federal
reclamation law.
(7) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) Surface water storage.--The term ``surface water
storage'' means any surface water reservoir or impoundment that
would be owned, funded or operated in whole or in part by the
Bureau of Reclamation or that would be integrated into a larger
system owned, operated or administered in whole or in part by
the Bureau of Reclamation.
SEC. 803. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study initiated
by the Secretary, after the date of enactment of this Act, under the
Reclamation Act of 1902 (32 Stat. 388), and all Acts amendatory thereof
or supplementary thereto, shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the local project area,
region, and headquarters levels of the Bureau of Reclamation
concurrently conduct the review required under this section.
(b) Extension.--If the Secretary determines that a project study
described in subsection (a) will not be conducted in accordance with
subsection (a), the Secretary, not later than 30 days after the date of
making the determination, shall--
(1) prepare an updated project study schedule and cost
estimate;
(2) notify the non-Federal project cost-sharing partner that
the project study has been delayed; and
(3) provide written notice to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate as to the reasons
the requirements of subsection (a) are not attainable.
(c) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (a), the Secretary may extend the timeline of a
project study by a period not to exceed 3 years, if the
Secretary determines that the project study is too complex to
comply with the requirements of subsection (a).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsection (a), the
Secretary shall consider--
(A) the type, size, location, scope, and overall cost
of the project;
(B) whether the project will use any innovative
design or construction techniques;
(C) whether the project will require significant
action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as to
the nature or effects of the project; and
(E) whether there is significant public dispute as to
the economic or environmental costs or benefits of the
project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall
provide written notice to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate as to the results of that
determination, including an identification of the specific one
or more factors used in making the determination that the
project is complex.
(4) Limitation.--The Secretary shall not extend the timeline
for a project study for a period of more than 7 years, and any
project study that is not completed before that date shall no
longer be authorized.
(d) Reviews.--Not later than 90 days after the date of the initiation
of a project study described in subsection (a), the Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 805;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 805(d) that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study; and
(3) take all steps necessary to provide information that will
enable required reviews and analyses related to the project to
be conducted by other agencies in a thorough and timely manner.
(e) Interim Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate and make publicly available
a report that describes--
(1) the status of the implementation of the planning process
under this section, including the number of participating
projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies initiated prior to
the date of the enactment of this Act; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the project.
(f) Final Report.--Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate and make publicly available a
report that describes--
(1) the status of the implementation of this section,
including a description of each project study subject to the
requirements of this section;
(2) the amount of time taken to complete each project study;
and
(3) any recommendations for additional authority necessary to
support efforts to expedite the project study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
SEC. 804. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of enactment of this Act; and
(2) if the Secretary determines that the project is justified
in a completed report, proceed directly to preconstruction
planning, engineering, and design of the project in accordance
with the Reclamation Act of 1902 (32 Stat. 388), and all Acts
amendatory thereof or supplementary thereto.
SEC. 805. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(A) each project study that is initiated after the
date of enactment of this Act and for which an
environmental impact statement is prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) the extent determined appropriate by the
Secretary, to other project studies initiated before
the date of enactment of this Act and for which an
environmental review process document is prepared under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(C) any project study for the development of a non-
federally owned and operated surface water storage
project for which the Secretary determines there is a
demonstrable Federal interest and the project--
(i) is located in a river basin where other
Bureau of Reclamation water projects are
located;
(ii) will create additional water supplies
that support Bureau of Reclamation water
projects; or
(iii) will become integrated into the
operation of Bureau of Reclamation water
projects.
(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project studies,
or a program of project studies.
(3) List of project studies.--
(A) In general.--The Secretary shall annually
prepare, and make publicly available, a list of all
project studies that the Secretary has determined--
(i) meets the standards described in
paragraph (1); and
(ii) does not have adequate funding to make
substantial progress toward the completion of
the project study.
(B) Inclusions.--The Secretary shall include for each
project study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the project study.
(b) Project Review Process.--
(1) In general.--The Secretary shall develop and implement a
coordinated environmental review process for the development of
project studies.
(2) Coordinated review.--The coordinated environmental review
process described in paragraph (1) shall require that any
review, analysis, opinion, statement, permit, license, or other
approval or decision issued or made by a Federal, State, or
local governmental agency or an Indian tribe for a project
study described in subsection (b) be conducted, to the maximum
extent practicable, concurrently with any other applicable
governmental agency or Indian tribe.
(3) Timing.--The coordinated environmental review process
under this subsection shall be completed not later than the
date on which the Secretary, in consultation and concurrence
with the agencies identified under section 805(d), establishes
with respect to the project study.
(c) Lead Agencies.--
(1) Joint lead agencies.--
(A) In general.--Subject to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the requirements of section 1506.8 of
title 40, Code of Federal Regulations (or successor
regulations), including the concurrence of the proposed
joint lead agency, a project sponsor may serve as the
joint lead agency.
(B) Project sponsor as joint lead agency.--A project
sponsor that is a State or local governmental entity
may--
(i) with the concurrence of the Secretary,
serve as a joint lead agency with the Federal
lead agency for purposes of preparing any
environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(ii) prepare any environmental review process
document under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
required in support of any action or approval
by the Secretary if--
(I) the Secretary provides guidance
in the preparation process and
independently evaluates that document;
(II) the project sponsor complies
with all requirements applicable to the
Secretary under--
(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(bb) any regulation
implementing that Act; and
(cc) any other applicable
Federal law; and
(III) the Secretary approves and
adopts the document before the
Secretary takes any subsequent action
or makes any approval based on that
document, regardless of whether the
action or approval of the Secretary
results in Federal funding.
(2) Duties.--The Secretary shall ensure that--
(A) the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection; and
(B) any environmental document prepared by the
project sponsor is appropriately supplemented to
address any changes to the project the Secretary
determines are necessary.
(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any determination
related to the project study to the same extent that the
Federal agency could adopt or use a document prepared by
another Federal agency under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations).
(4) Roles and responsibility of lead agency.--With respect to
the environmental review process for any project study, the
Federal lead agency shall have authority and responsibility--
(A) to take such actions as are necessary and proper
and within the authority of the Federal lead agency to
facilitate the expeditious resolution of the
environmental review process for the project study; and
(B) to prepare or ensure that any required
environmental impact statement or other environmental
review document for a project study required to be
completed under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable Federal
law.
(d) Participating and Cooperating Agencies.--
(1) Identification of jurisdictional agencies.--With respect
to carrying out the environmental review process for a project
study, the Secretary shall identify, as early as practicable in
the environmental review process, all Federal, State, and local
government agencies and Indian tribes that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(2) State authority.--If the environmental review process is
being implemented by the Secretary for a project study within
the boundaries of a State, the State, consistent with State
law, may choose to participate in the process and to make
subject to the process all State agencies that--
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) are required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(3) Invitation.--
(A) In general.--The Federal lead agency shall
invite, as early as practicable in the environmental
review process, any agency identified under paragraph
(1) to become a participating or cooperating agency, as
applicable, in the environmental review process for the
project study.
(B) Deadline.--An invitation to participate issued
under subparagraph (A) shall set a deadline by which a
response to the invitation shall be submitted, which
may be extended by the Federal lead agency for good
cause.
(4) Procedures.--Section 1501.6 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of the
Bureau of Reclamation Project Streamlining Act) shall govern
the identification and the participation of a cooperating
agency.
(5) Federal cooperating agencies.--Any Federal agency that is
invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
(A)(i) has no jurisdiction or authority with respect
to the project;
(ii) has no expertise or information relevant to the
project; or
(iii) does not have adequate funds to participate in
the project; and
(B) does not intend to submit comments on the
project.
(6) Administration.--A participating or cooperating agency
shall comply with this section and any schedule established
under this section.
(7) Effect of designation.--Designation as a participating or
cooperating agency under this subsection shall not imply that
the participating or cooperating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.
(8) Concurrent reviews.--Each participating or cooperating
agency shall--
(A) carry out the obligations of that agency under
other applicable law concurrently and in conjunction
with the required environmental review process, unless
doing so would prevent the participating or cooperating
agency from conducting needed analysis or otherwise
carrying out those obligations; and
(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to
ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.
(e) Non-Federal Projects Integrated Into Reclamation Systems.--The
Federal lead agency shall serve in that capacity for the entirety of
all non-Federal projects that will be integrated into a larger system
owned, operated or administered in whole or in part by the Bureau of
Reclamation.
(f) Non-Federal Project.--If the Secretary determines that a project
can be expedited by a non-Federal sponsor and that there is a
demonstrable Federal interest in expediting that project, the Secretary
shall take such actions as are necessary to advance such a project as a
non-Federal project, including, but not limited to, entering into
agreements with the non-Federal sponsor of such project to support the
planning, design and permitting of such project as a non-Federal
project.
(g) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance regarding
the use of programmatic approaches to carry out the
environmental review process that--
(A) eliminates repetitive discussions of the same
issues;
(B) focuses on the actual issues ripe for analyses at
each level of review;
(C) establishes a formal process for coordinating
with participating and cooperating agencies, including
the creation of a list of all data that are needed to
carry out an environmental review process; and
(D) complies with--
(i) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance under that
paragraph, consult with relevant Federal, State, and
local governmental agencies, Indian tribes, and the
public on the appropriate use and scope of the
programmatic approaches;
(B) emphasize the importance of collaboration among
relevant Federal, State, and local governmental
agencies, and Indian tribes in undertaking programmatic
reviews, especially with respect to including reviews
with a broad geographical scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including of the
analyses and data used in the environmental
review process, the treatment of any deferred
issues raised by Federal, State, and local
governmental agencies, Indian tribes, or the
public, and the temporal and special scales to
be used to analyze those issues;
(ii) use accurate and timely information in
the environmental review process, including--
(I) criteria for determining the
general duration of the usefulness of
the review; and
(II) the timeline for updating any
out-of-date review;
(iii) describe--
(I) the relationship between
programmatic analysis and future tiered
analysis; and
(II) the role of the public in the
creation of future tiered analysis; and
(iv) are available to other relevant Federal,
State, and local governmental agencies, Indian
tribes, and the public;
(D) allow not fewer than 60 days of public notice and
comment on any proposed guidance; and
(E) address any comments received under subparagraph
(D).
(h) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--The Federal lead agency shall,
after consultation with and with the concurrence of
each participating and cooperating agency and the
project sponsor or joint lead agency, as applicable,
establish a plan for coordinating public and agency
participation in, and comment on, the environmental
review process for a project study or a category of
project studies.
(B) Schedule.--
(i) In general.--As soon as practicable but
not later than 45 days after the close of the
public comment period on a draft environmental
impact statement, the Federal lead agency,
after consultation with and the concurrence of
each participating and cooperating agency and
the project sponsor or joint lead agency, as
applicable, shall establish, as part of the
coordination plan established in subparagraph
(A), a schedule for completion of the
environmental review process for the project
study.
(ii) Factors for consideration.--In
establishing a schedule, the Secretary shall
consider factors such as--
(I) the responsibilities of
participating and cooperating agencies
under applicable laws;
(II) the resources available to the
project sponsor, joint lead agency, and
other relevant Federal and State
agencies, as applicable;
(III) the overall size and complexity
of the project;
(IV) the overall schedule for and
cost of the project; and
(V) the sensitivity of the natural
and historical resources that could be
affected by the project.
(iii) Modifications.--The Secretary may--
(I) lengthen a schedule established
under clause (i) for good cause; and
(II) shorten a schedule only with
concurrence of the affected
participating and cooperating agencies
and the project sponsor or joint lead
agency, as applicable.
(iv) Dissemination.--A copy of a schedule
established under clause (i) shall be--
(I) provided to each participating
and cooperating agency and the project
sponsor or joint lead agency, as
applicable; and
(II) made available to the public.
(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements.--For
comments by Federal and State agencies and the public
on a draft environmental impact statement, a period of
not more than 60 days after publication in the Federal
Register of notice of the date of public availability
of the draft environmental impact statement, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the Federal
lead agency for good cause.
(B) Other environmental review processes.--For all
other comment periods established by the Federal lead
agency for agency or public comments in the
environmental review process, a period of not more than
30 days after the date on which the materials on which
comment is requested are made available, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor, or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the Federal
lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any case in
which a decision under any Federal law relating to a project
study, including the issuance or denial of a permit or license,
is required to be made by the date described in subsection
(i)(5)(B), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of
the failure of the Federal agency to make the decision;
and
(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project
study have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
(4) Involvement of the public.--Nothing in this subsection
reduces any time period provided for public comment in the
environmental review process under applicable Federal law
(including regulations).
(5) Transparency reporting.--
(A) Reporting requirements.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall establish and maintain an electronic database
and, in coordination with other Federal and State
agencies, issue reporting requirements to make publicly
available the status and progress with respect to
compliance with applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other Federal, State, or local approval
or action required for a project study for which this
section is applicable.
(B) Project study transparency.--Consistent with the
requirements established under subparagraph (A), the
Secretary shall make publicly available the status and
progress of any Federal, State, or local decision,
action, or approval required under applicable laws for
each project study for which this section is
applicable.
(i) Issue Identification and Resolution.--
(1) Cooperation.--The Federal lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the environmental
review process or result in the denial of any approval required
for the project study under applicable laws.
(2) Federal lead agency responsibilities.--
(A) In general.--The Federal lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the project area and the general locations of
the alternatives under consideration.
(B) Data sources.--The information under subparagraph
(A) may be based on existing data sources, including
geographic information systems mapping.
(3) Cooperating and participating agency responsibilities.--
Based on information received from the Federal lead agency,
cooperating and participating agencies shall identify, as early
as practicable, any issues of concern regarding the potential
environmental or socioeconomic impacts of the project,
including any issues that could substantially delay or prevent
an agency from granting a permit or other approval that is
needed for the project study.
(4) Accelerated issue resolution and elevation.--
(A) In general.--On the request of a participating or
cooperating agency or project sponsor, the Secretary
shall convene an issue resolution meeting with the
relevant participating and cooperating agencies and the
project sponsor or joint lead agency, as applicable, to
resolve issues that may--
(i) delay completion of the environmental
review process; or
(ii) result in denial of any approval
required for the project study under applicable
laws.
(B) Meeting date.--A meeting requested under this
paragraph shall be held not later than 21 days after
the date on which the Secretary receives the request
for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
(C) Notification.--On receipt of a request for a
meeting under this paragraph, the Secretary shall
notify all relevant participating and cooperating
agencies of the request, including the issue to be
resolved and the date for the meeting.
(D) Elevation of issue resolution.--If a resolution
cannot be achieved within the 30-day period beginning
on the date of a meeting under this paragraph and a
determination is made by the Secretary that all
information necessary to resolve the issue has been
obtained, the Secretary shall forward the dispute to
the heads of the relevant agencies for resolution.
(E) Convention by secretary.--The Secretary may
convene an issue resolution meeting under this
paragraph at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested
under subparagraph (A).
(5) Financial penalty provisions.--
(A) In general.--A Federal jurisdictional agency
shall complete any required approval or decision for
the environmental review process on an expeditious
basis using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--
(I) Transfer of funds.--If a Federal
jurisdictional agency fails to render a
decision required under any Federal law
relating to a project study that
requires the preparation of an
environmental impact statement or
environmental assessment, including the
issuance or denial of a permit,
license, statement, opinion, or other
approval by the date described in
clause (ii), the amount of funds made
available to support the office of the
head of the Federal jurisdictional
agency shall be reduced by an amount of
funding equal to the amount specified
in item (aa) or (bb) of subclause (II),
and those funds shall be made available
to the division of the Federal
jurisdictional agency charged with
rendering the decision by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C).
(II) Amount to be transferred.--The
amount referred to in subclause (I)
is--
(aa) $20,000 for any project
study requiring the preparation
of an environmental assessment
or environmental impact
statement; or
(bb) $10,000 for any project
study requiring any type of
review under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
other than an environmental
assessment or environmental
impact statement.
(ii) Description of date.--The date referred
to in clause (i) is the later of--
(I) the date that is 180 days after
the date on which an application for
the permit, license, or approval is
complete; and
(II) the date that is 180 days after
the date on which the Federal lead
agency issues a decision on the project
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds under
subparagraph (B) relating to an individual
project study shall exceed, in any fiscal year,
an amount equal to 1 percent of the funds made
available for the applicable agency office.
(ii) Failure to decide.--The total amount
transferred in a fiscal year as a result of a
failure by an agency to make a decision by an
applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available
for the applicable agency office for that
fiscal year.
(iii) Aggregate.--Notwithstanding any other
provision of law, for each fiscal year, the
aggregate amount of financial penalties
assessed against each applicable agency office
under this Act and any other Federal law as a
result of a failure of the agency to make a
decision by an applicable deadline for
environmental review, including the total
amount transferred under this paragraph, shall
not exceed an amount equal to 9.5 percent of
the funds made available for the agency office
for that fiscal year.
(D) Notification of transfers.--Not later than 10
days after the last date in a fiscal year on which
funds of the Federal jurisdictional agency may be
transferred under subparagraph (B)(5) with respect to
an individual decision, the agency shall submit to the
appropriate committees of the House of Representatives
and the Senate written notification that includes a
description of--
(i) the decision;
(ii) the project study involved;
(iii) the amount of each transfer under
subparagraph (B) in that fiscal year relating
to the decision;
(iv) the total amount of all transfers under
subparagraph (B) in that fiscal year relating
to the decision; and
(v) the total amount of all transfers of the
agency under subparagraph (B) in that fiscal
year.
(E) No fault of agency.--
(i) In general.--A transfer of funds under
this paragraph shall not be made if the
applicable agency described in subparagraph (A)
notifies, with a supporting explanation, the
Federal lead agency, cooperating agencies, and
project sponsor, as applicable, that--
(I) the agency has not received
necessary information or approvals from
another entity in a manner that affects
the ability of the agency to meet any
requirements under Federal, State, or
local law;
(II) significant new information,
including from public comments, or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application; or
(III) the agency lacks the financial
resources to complete the review under
the scheduled timeframe, including a
description of the number of full-time
employees required to complete the
review, the amount of funding required
to complete the review, and a
justification as to why not enough
funding is available to complete the
review by the deadline.
(ii) Lack of financial resources.--If the
agency provides notice under clause (i)(III),
the Inspector General of the agency shall--
(I) conduct a financial audit to
review the notice; and
(II) not later than 90 days after the
date on which the review described in
subclause (I) is completed, submit to
the Committee on Natural Resources of
the House of Representatives and the
Committee on Energy and Natural
Resources of the Senate the results of
the audit conducted under subclause
(I).
(F) Limitation.--The Federal agency from which funds
are transferred pursuant to this paragraph shall not
reprogram funds to the office of the head of the
agency, or equivalent office, to reimburse that office
for the loss of the funds.
(G) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to
comply with, any Federal, State, local, or tribal law.
(j) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other, State and
local agencies, and Indian tribes on environmental
review and Bureau of Reclamation project delivery
activities at the earliest practicable time to avoid
delays and duplication of effort later in the process,
prevent potential conflicts, and ensure that planning
and project development decisions reflect environmental
values; and
(B) the cooperation referred to in subparagraph (A)
should include the development of policies and the
designation of staff that advise planning agencies and
project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies
and Indian tribes.
(2) Technical assistance.--If requested at any time by a
State or project sponsor, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or project sponsor in carrying out
early coordination activities.
(3) Memorandum of agency agreement.--If requested at any time
by a State or project sponsor, the Federal lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, Indian tribes,
State and local governments, and other appropriate entities to
carry out the early coordination activities, including
providing technical assistance in identifying potential impacts
and mitigation issues in an integrated fashion.
(k) Limitations.--Nothing in this section preempts or interferes
with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in a
court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or project sponsor has with respect to carrying
out a project or any other provision of law applicable to
projects.
(l) Timing of Claims.--
(1) Timing.--
(A) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or other approval
issued by a Federal agency for a project study shall be
barred unless the claim is filed not later than 3 years
after publication of a notice in the Federal Register
announcing that the permit, license, or other approval
is final pursuant to the law under which the agency
action is taken, unless a shorter time is specified in
the Federal law that allows judicial review.
(B) Applicability.--Nothing in this subsection
creates a right to judicial review or places any limit
on filing a claim that a person has violated the terms
of a permit, license, or other approval.
(2) New information.--
(A) In general.--The Secretary shall consider new
information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
title 40, Code of Federal Regulations (including
successor regulations).
(B) Separate action.--The preparation of a
supplemental environmental impact statement or other
environmental document, if required under this section,
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
the action shall be 3 years after the date of
publication of a notice in the Federal Register
announcing the action relating to such supplemental
environmental impact statement or other environmental
document.
(m) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation of
categorical exclusions in projects since 2005;
(B) publish a review of the survey that includes a
description of--
(i) the types of actions that were
categorically excluded or could be the basis
for developing a new categorical exclusion; and
(ii) any requests previously received by the
Secretary for new categorical exclusions; and
(C) solicit requests from other Federal agencies and
project sponsors for new categorical exclusions.
(2) New categorical exclusions.--Not later than 1 year after
the date of enactment of this Act, if the Secretary has
identified a category of activities that merit establishing a
categorical exclusion that did not exist on the day before the
date of enactment this Act based on the review under paragraph
(1), the Secretary shall publish a notice of proposed
rulemaking to propose that new categorical exclusion, to the
extent that the categorical exclusion meets the criteria for a
categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations (or successor regulation).
(n) Review of Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the United States
shall--
(A) assess the reforms carried out under this
section; and
(B) not later than 5 years and not later than 10
years after the date of enactment of this Act, submit
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes the
results of the assessment.
(2) Contents.--The reports under paragraph (1) shall include
an evaluation of impacts of the reforms carried out under this
section on--
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(o) Performance Measurement.--The Secretary shall establish a program
to measure and report on progress made toward improving and expediting
the planning and environmental review process.
(p) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation surface
water storage project that is in operation or under construction when
damaged by an event or incident that results in a declaration by the
President of a major disaster or emergency pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Secretary shall treat such repair, reconstruction, or
rehabilitation activity as a class of action categorically excluded
from the requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title 40, Code
of Federal Regulations (or successor regulations), if the repair or
reconstruction activity is--
(1) in the same location with the same capacity, dimensions,
and design as the original Bureau of Reclamation surface water
storage project as before the declaration described in this
section; and
(2) commenced within a 2-year period beginning on the date of
a declaration described in this subsection.
SEC. 806. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report, to be entitled
``Report to Congress on Future Water Project Development'', that
identifies the following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (c)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in
subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to an
authorized water project or project study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) Expedited completion of report and determinations.--Any
project study that was expedited and any Secretarial
determinations under section 804.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
project studies and proposed modifications to authorized
projects and project studies to be included in the annual
report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that non-
Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after the
date of publication of the notice in the Federal Register in
order for the proposals to be considered for inclusion in the
annual report.
(3) Notification.--On the date of publication of each notice
required by this subsection, the Secretary shall--
(A) make the notice publicly available, including on
the Internet; and
(B) provide written notification of the publication
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(c) Contents.--
(1) Project reports, proposed project studies, and proposed
modifications.--
(A) Criteria for inclusion in report.--The Secretary
shall include in the annual report only those project
reports, proposed project studies, and proposed
modifications to authorized projects and project
studies that--
(i) are related to the missions and
authorities of the Bureau of Reclamation;
(ii) require specific congressional
authorization, including by an Act of Congress;
(iii) have not been congressionally
authorized;
(iv) have not been included in any previous
annual report; and
(v) if authorized, could be carried out by
the Bureau of Reclamation.
(B) Description of benefits.--
(i) Description.--The Secretary shall
describe in the annual report, to the extent
applicable and practicable, for each proposed
project study and proposed modification to an
authorized water resources development project
or project study included in the annual report,
the benefits, as described in clause (ii), of
each such study or proposed modification.
(ii) Benefits.--The benefits (or expected
benefits, in the case of a proposed project
study) described in this clause are benefits
to--
(I) the protection of human life and
property;
(II) improvement to domestic
irrigated water and power supplies;
(III) the national economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(C) Identification of other factors.--The Secretary
shall identify in the annual report, to the extent
practicable--
(i) for each proposed project study included
in the annual report, the non-Federal interest
that submitted the proposed project study
pursuant to subsection (b); and
(ii) for each proposed project study and
proposed modification to a project or project
study included in the annual report, whether
the non-Federal interest has demonstrated--
(I) that local support exists for the
proposed project study or proposed
modification to an authorized project
or project study (including the surface
water storage development project that
is the subject of the proposed
feasibility study or the proposed
modification to an authorized project
study); and
(II) the financial ability to provide
the required non-Federal cost share.
(2) Transparency.--The Secretary shall include in the annual
report, for each project report, proposed project study, and
proposed modification to a project or project study included
under paragraph (1)(A)--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-
Federal share of the cost of--
(i) the project report;
(ii) the proposed project study;
(iii) the authorized project study for which
the modification is proposed; or
(iv) construction of--
(I) the project that is the subject
of--
(aa) the water report;
(bb) the proposed project
study; or
(cc) the authorized project
study for which a modification
is proposed; or
(II) the proposed modification to a
project;
(B) a letter or statement of support for the water
report, proposed project study, or proposed
modification to a project or project study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to a
project or project study;
(D) an estimate, to the extent practicable, of the
Federal, non-Federal, and total costs of--
(i) the proposed modification to an
authorized project study; and
(ii) construction of--
(I) the project that is the subject
of--
(aa) the project report; or
(bb) the authorized project
study for which a modification
is proposed, with respect to
the change in costs resulting
from such modification; or
(II) the proposed modification to an
authorized project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the project that is the subject of--
(I) the project report; or
(II) the authorized project study for
which a modification is proposed, with
respect to the benefits of such
modification; or
(ii) the proposed modification to an
authorized project.
(3) Certification.--The Secretary shall include in the annual
report a certification stating that each feasibility report,
proposed feasibility study, and proposed modification to a
project or project study included in the annual report meets
the criteria established in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a notice required by
subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first
annual report developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
(f) Definition.--In this section, the term ``project report'' means a
final feasibility report developed under the Reclamation Act of 1902
(32 Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Accelerated Revenue, Repayment, and
Surface Water Storage Enhancement Act''.
SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED
STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER
SUPPLIES.
(a) Conversion and Prepayment of Contracts.--
(1) Conversion.--Upon request of the contractor, the
Secretary of the Interior shall convert any water service
contract in effect on the date of enactment of this Act and
between the United States and a water users' association to
allow for prepayment of the repayment contract pursuant to
paragraph (2) under mutually agreeable terms and conditions.
The manner of conversion under this paragraph shall be as
follows:
(A) Water service contracts that were entered into
under section 9(e) of the Act of August 4, 1939 (53
Stat. 1196), to be converted under this section shall
be converted to repayment contracts under section 9(d)
of that Act (53 Stat. 1195).
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4,
1939 (53 Stat. 1194), to be converted under this
section shall be converted to a contract under
subsection (c)(1) of section 9 of that Act (53 Stat.
1195).
(2) Prepayment.--All repayment contracts under section 9(d)
of that Act (53 Stat. 1195) in effect on the date of enactment
of this Act at the request of the contractor, and all contracts
converted pursuant to paragraph (1)(A) shall--
(A) provide for the repayment, either in lump sum or
by accelerated prepayment, of the remaining
construction costs identified in water project specific
irrigation rate repayment schedules, as adjusted to
reflect payment not reflected in such schedule, and
properly assignable for ultimate return by the
contractor, or if made in approximately equal
installments, no later than 3 years after the effective
date of the repayment contract, such amount to be
discounted by \1/2\ the Treasury rate. An estimate of
the remaining construction costs, as adjusted, shall be
provided by the Secretary to the contractor no later
than 90 days following receipt of request of the
contractor;
(B) require that construction costs or other
capitalized costs incurred after the effective date of
the contract or not reflected in the rate schedule
referenced in subparagraph (A), and properly assignable
to such contractor shall be repaid in not more than 5
years after notification of the allocation if such
amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract
conversation under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
reclamation law;
(C) provide that power revenues will not be available
to aid in repayment of construction costs allocated to
irrigation under the contract; and
(D) continue so long as the contractor pays
applicable charges, consistent with section 9(d) of the
Act of August 4, 1939 (53 Stat. 1195), and applicable
law.
(3) Contract requirements.--The following shall apply with
regard to all repayment contracts under subsection (c)(1) of
section 9 of that Act (53 Stat. 1195) in effect on the date of
enactment of this Act at the request of the contractor, and all
contracts converted pursuant to paragraph (1)(B):
(A) Provide for the repayment in lump sum of the
remaining construction costs identified in water
project specific municipal and industrial rate
repayment schedules, as adjusted to reflect payments
not reflected in such schedule, and properly assignable
for ultimate return by the contractor. An estimate of
the remaining construction costs, as adjusted, shall be
provided by the Secretary to the contractor no later
than 90 days after receipt of request of contractor.
(B) The contract shall require that construction
costs or other capitalized costs incurred after the
effective date of the contract or not reflected in the
rate schedule referenced in subparagraph (A), and
properly assignable to such contractor, shall be repaid
in not more than 5 years after notification of the
allocation if such amount is a result of a collective
annual allocation of capital costs to the contractors
exercising contract conversation under this subsection
of less than $5,000,000. If such amount is $5,000,000
or greater, such cost shall be repaid as provided by
applicable reclamation law.
(C) Continue so long as the contractor pays
applicable charges, consistent with section 9(c)(1) of
the Act of August 4, 1939 (53 Stat. 1195), and
applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of
prepayment financing used by the water users'
association;
(B) conform to any other agreements, such as
applicable settlement agreements and new constructed
appurtenant facilities; and
(C) not modify other water service, repayment,
exchange and transfer contractual rights between the
water users' association, and the Bureau of
Reclamation, or any rights, obligations, or
relationships of the water users' association and their
landowners as provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection (a) shall be
subject to adjustment following a final cost allocation by the
Secretary of the Interior. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be not less than one year and not
more than 10 years, however, mutually agreeable provisions regarding
the rate of repayment of such amount may be developed by the parties.
In the event that the final cost allocation indicates that the costs
properly assignable to the contractor are less than what the contractor
has paid, the Secretary shall credit such overpayment as an offset
against any outstanding or future obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into pursuant
to subsection (a)(2)(A), subsections (a) and (b) of section 213
of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall
apply to affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized
costs described in subsection (a)(2)(B), (a)(3)(B), or (b)
shall not affect a contractor's status as having repaid all of
the construction costs assignable to the contractor or the
applicability of subsections (a) and (b) of section 213 of the
Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount
required to be paid by the contractor under the repayment
contract entered into pursuant to subsection (a)(2)(A) have
been paid.
(d) Effect on Existing Law Not Altered.--Implementation of the
provisions of this title shall not alter--
(1) the repayment obligation of any water service or
repayment contractor receiving water from the same water
project, or shift any costs that would otherwise have been
properly assignable to the water users' association identified
in subsections (a)(1), (a)(2), and (a)(3) absent this section,
including operation and maintenance costs, construction costs,
or other capitalized costs incurred after the date of the
enactment of this Act, or to other contractors; and
(2) specific requirements for the disposition of amounts
received as repayments by the Secretary under the Act of June
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(e) Surface Water Storage Enhancement Program.--
(1) In general.--Except as provided in subsection (d)(2),
three years following the date of enactment of this Act, 50
percent of receipts generated from prepayment of contracts
under this section beyond amounts necessary to cover the amount
of receipts forgone from scheduled payments under current law
for the 10-year period following the date of enactment of this
Act shall be directed to the Reclamation Surface Water Storage
Account under paragraph (2).
(2) Surface storage account.--The Secretary shall allocate
amounts collected under paragraph (1) into the ``Reclamation
Surface Storage Account'' to fund the construction of surface
water storage. The Secretary may also enter into cooperative
agreements with water users' associations for the construction
of surface water storage and amounts within the Surface Storage
Account may be used to fund such construction. Surface water
storage projects that are otherwise not federally authorized
shall not be considered Federal facilities as a result of any
amounts allocated from the Surface Storage Account for part or
all of such facilities.
(3) Repayment.--Amounts used for surface water storage
construction from the Account shall be fully reimbursed to the
Account consistent with the requirements under Federal
reclamation law (the law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093))), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.) except that all funds
reimbursed shall be deposited in the Account established under
paragraph (2).
(4) Availability of amounts.--Amounts deposited in the
Account under this subsection shall--
(A) be made available in accordance with this
section, subject to appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(5) Purposes of surface water storage.--Construction of
surface water storage under this section shall be made for the
following purposes:
(A) Increased municipal and industrial water supply.
(B) Agricultural floodwater, erosion, and
sedimentation reduction.
(C) Agricultural drainage improvements.
(D) Agricultural irrigation.
(E) Increased recreation opportunities.
(F) Reduced adverse impacts to fish and wildlife from
water storage or diversion projects within watersheds
associated with water storage projects funded under
this section.
(G) Any other purposes consistent with reclamation
laws or other Federal law.
(f) Definitions.--For the purposes of this title, the following
definitions apply:
(1) Account.--The term ``Account'' means the Reclamation
Surface Water Storage Account established under subsection
(e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of surface water storage including additions to
existing surface water storage and construction of new surface
water storage facilities, exclusive of any Federal statutory or
regulatory obligations relating to any permit, review,
approval, or other such requirement.
(3) Surface water storage.--The term ``surface water
storage'' means any federally owned facility under the
jurisdiction of the Bureau of Reclamation or any non-Federal
facility used for the surface storage and supply of water
resources.
(4) Treasury rate.--The term ``Treasury rate'' means the 20-
year Constant Maturity Treasury (CMT) rate published by the
United States Department of the Treasury existing on the
effective date of the contract.
(5) Water users' association.--The term ``water users'
association'' means--
(A) an entity organized and recognized under State
laws that is eligible to enter into contracts with
reclamation to receive contract water for delivery to
and users of the water and to pay applicable charges;
and
(B) includes a variety of entities with different
names and differing functions, such as associations,
conservatory district, irrigation district,
municipality, and water project contract unit.
TITLE X--SAFETY OF DAMS
SEC. 1001. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
The Reclamation Safety of Dams Act of 1978 is amended--
(1) in section 3, by striking ``Construction'' and inserting
``Except as provided in section 5B, construction''; and
(2) by inserting after section 5A (43 U.S.C. 509) the
following:
``SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
``Notwithstanding section 3, if the Secretary determines that
additional project benefits, including but not limited to additional
conservation storage capacity, are feasible and not inconsistent with
the purposes of this Act, the Secretary is authorized to develop
additional project benefits through the construction of new or
supplementary works on a project in conjunction with the Secretary's
activities under section 2 of this Act and subject to the conditions
described in the feasibility study, provided--
``(1) the Secretary determines that developing additional
project benefits through the construction of new or
supplementary works on a project will promote more efficient
management of water and water-related facilities;
``(2) the feasibility study pertaining to additional project
benefits has been authorized pursuant to section 8 of the
Federal Water Project Recreation Act of 1965 (16 U.S.C. 4601-
18); and
``(3) the costs associated with developing the additional
project benefits are agreed to in writing between the Secretary
and project proponents and shall be allocated to the authorized
purposes of the structure and repaid consistent with all
provisions of Federal Reclamation law (the Act of June 17,
1902, 43 U.S.C. 371 et seq.) and Acts supplemental to and
amendatory of that Act.''.
TITLE XI--WATER RIGHTS PROTECTION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Water Rights Protection Act''.
SEC. 1102. DEFINITION OF WATER RIGHT.
In this title, the term ``water right'' means any surface or
groundwater right filed, permitted, certified, confirmed, decreed,
adjudicated, or otherwise recognized by a judicial proceeding or by the
State in which the user acquires possession of the water or puts the
water to beneficial use, including water rights for federally
recognized Indian tribes.
SEC. 1103. TREATMENT OF WATER RIGHTS.
The Secretary of the Interior and the Secretary of Agriculture shall
not--
(1) condition or withhold, in whole or in part, the issuance,
renewal, amendment, or extension of any permit, approval,
license, lease, allotment, easement, right-of-way, or other
land use or occupancy agreement on--
(A) limitation or encumbrance of any water right, or
the transfer of any water right (including joint and
sole ownership), directly or indirectly to the United
States or any other designee; or
(B) any other impairment of any water right, in whole
or in part, granted or otherwise recognized under State
law, by Federal or State adjudication, decree, or other
judgment, or pursuant to any interstate water compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement;
(3) assert jurisdiction over groundwater withdrawals or
impacts on groundwater resources, unless jurisdiction is
asserted, and any regulatory or policy actions taken pursuant
to such assertion are, consistent with, and impose no greater
restrictions or regulatory requirements than, applicable State
laws (including regulations) and policies governing the
protection and use of groundwater resources; or
(4) infringe on the rights and obligations of a State in
evaluating, allocating, and adjudicating the waters of the
State originating on or under, or flowing from, land owned or
managed by the Federal Government.
SEC. 1104. RECOGNITION OF STATE AUTHORITY.
(a) In General.--In carrying out section 1103, the Secretary of the
Interior and the Secretary of Agriculture shall--
(1) recognize the longstanding authority of the States
relating to evaluating, protecting, allocating, regulating, and
adjudicating groundwater by any means, including a rulemaking,
permitting, directive, water court adjudication, resource
management planning, regional authority, or other policy; and
(2) coordinate with the States in the adoption and
implementation by the Secretary of the Interior or the
Secretary of Agriculture of any rulemaking, policy, directive,
management plan, or other similar Federal action so as to
ensure that such actions are consistent with, and impose no
greater restrictions or regulatory requirements than, State
groundwater laws and programs.
(b) Effect on State Water Rights.--In carrying out this title, the
Secretary of the Interior and the Secretary of Agriculture shall not
take any action that adversely affects--
(1) any water rights granted by a State;
(2) the authority of a State in adjudicating water rights;
(3) definitions established by a State with respect to the
term ``beneficial use'', ``priority of water rights'', or
``terms of use'';
(4) terms and conditions of groundwater withdrawal, guidance
and reporting procedures, and conservation and source
protection measures established by a State;
(5) the use of groundwater in accordance with State law; or
(6) any other rights and obligations of a State established
under State law.
SEC. 1105. EFFECT OF TITLE.
(a) Effect on Existing Authority.--Nothing in this title limits or
expands any existing legally recognized authority of the Secretary of
the Interior or the Secretary of Agriculture to issue, grant, or
condition any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on Federal land
subject to the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, respectively.
(b) Effect on Reclamation Contracts.--Nothing in this title
interferes with Bureau of Reclamation contracts entered into pursuant
to the reclamation laws.
(c) Effect on Endangered Species Act.--Nothing in this title affects
the implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(d) Effect on Federal Reserved Water Rights.--Nothing in this title
limits or expands any existing or claimed reserved water rights of the
Federal Government on land administered by the Secretary of the
Interior or the Secretary of Agriculture.
(e) Effect on Federal Power Act.--Nothing in this title limits or
expands authorities under sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Effect on Indian Water Rights.--Nothing in this title limits or
expands any water right or treaty right of any federally recognized
Indian tribe.
Purpose of the Bill
The purpose of H.R. 2898 is to provide drought relief to
the State of California and other Western states.
Background and Need for Legislation
H.R. 2898, the Western Water and American Food Security Act
of 2015, represents a comprehensive approach aimed at
alleviating drought impacts through short-term and long-term
measures. The bill follows the framework created in bipartisan
and bicameral negotiations in the last Congress and reflects
ideas considered in 18 House Natural Resources Committee
hearings and subsequent markups.
California Water Issues
Since becoming a state in 1850, California has experienced
natural drought multiple times. These drought periods and the
need to provide water to a rapidly growing population and farms
led to an innovative and complex water storage and delivery
system. Since northern California contains over two-thirds of
the water resources and southern California has two-thirds of
the human population, the federal government, through the
Bureau of Reclamation (Reclamation), and the State of
California (State) built the Central Valley Project (CVP) and
the State Water Project (SWP), respectively, to convey water.
Water from the northernmost portions of the State is
conveyed south through the Sacramento-San Joaquin River Delta
(Delta), the essential element of California's water delivery
system, through two massive federal and state pumping systems
near Tracy, California. Water flowing through the Delta
supplies 33 percent of the Bay Area's drinking water, up to 90
percent of the Central Valley's drinking and irrigation water,
and 30 percent of southern California's drinking water. Beyond
delivering water to two-thirds of California's population, and
helping California get through periods of extended drought, the
CVP and SWP have also helped to create a massive agricultural
economy that supplies more than half of the country's
vegetables and a vast majority of fruits and nuts worth more
than $46 billion annually.
The current California water storage and delivery system
was designed to serve 22 million people. Currently, the State
has over 38 million residents and the population is expected to
double by 2050. While urban and rural communities have pursued
water efficiency improvements and planting higher value
permanent crops, many believe that conservation will not fully
resolve water supply issues and that new water storage projects
are necessary in key locations.
As California enters its fourth consecutive year of
drought, this debate has only intensified. The current natural
drought in California has been compounded by man-made actions
related to federal and state biological opinions on Endangered
Species Act (ESA) protected Delta smelt and certain salmon
species populations to the point where irrigation districts and
cities and towns in southern California are experiencing their
second consecutive year of receiving zero to five percent of
their allocated water. Moreover, some communities in the San
Joaquin Valley have run out of water altogether. Mendota, a
community heavily dependent on irrigated agriculture and the
jobs associated with it, is experiencing 34 percent
unemployment. The community of East Porterville now relies on
trucked-in water.
Federal and state water actions related to endangered
species, water quality and other matters has reduced water
availability for certain portions of California. The Delta
smelt, a three-inch fish listed as threatened in March 1993 has
been at the forefront of this debate. Under the 2008 Delta
smelt biological opinion issued under the ESA, increased
amounts of water were diverted from farms and cities in
southern California and allowed to flow into the Pacific Ocean.
Drought-related water cutbacks last year caused an estimated
400,000 acres in the State to be fallowed. According to Mr.
Craig McNamara, President of the State Board of Food and
Agriculture, acreage could top 600,000 acres and cost more than
20,000 jobs, The Fresno County Farm Bureau estimated the amount
of fallowed ground could total closer to one million acres.
Given that federal policies play a significant role in
water cutbacks, the House of Representatives passed California
drought-related bills during the past two Congresses. This
action included long-term measures, H.R. 1837 (112th Congress)
and H.R. 3964 (113th Congress) and a shorter-term measure, H.R.
5781 (113th Congress). H.R. 2898 represents a different
bipartisan approach than the previous legislative efforts by
working within the framework of the current biological opinions
on Delta smelt and salmon to foster scientific transparency and
updated data collection to bring about operational flexibility
while moving forward on new water storage in the State.
Title I of the bill ensures that changes to operational
pumping levels are based on the best and most up-to-date
science, while also requiring agencies to use the most accurate
survey methods to help determine how these water projects may
be maximized without causing significant impacts to the Delta
smelt. Only three years of data were used to calculate the
incidental take limit (ITL) of Delta smelt in the most recent
biological opinion, and the data is up to a decade old (2006-
2008). Section 102 of the bill requires federal agencies to
modify the methodology used to calculate the ITLs for the Delta
smelt using the best scientific and commercial data available
to allow for a more accurate and robust ITL. Section 103
requires the agencies to use real-time data to make informed
decisions about operational changes to the pumps and to
maximize project operations pumping at a specified level
provided there is no harm to Delta smelt. Although the text is
not identical, Title I, and Titles II and III, reflect parts of
the framework negotiated with the Senate last year.
Title II aims to ease water project pumping restrictions by
identifying management actions other than reductions in pumping
that can be utilized to better contribute to salmon recovery.
Section 202 requires the federal agencies to evaluate and
quantify the benefit to salmon species from reductions in
pumping. In addition, the Secretary of Commerce is required to
consider alternative measures including barriers to fish
entrainment, habitat enhancements and predation control
programs. The evaluation of these alternative measures will
allow the National Marine Fisheries Service (NMFS) to
demonstrate the effectiveness of existing reasonable and
prudent alternatives (RPAs) and identify potential additional
actions to protect species while reducing adverse water impacts
to CVP and SWP contractors. Section 203 authorizes a non-
federally financed predator fish removal program on the
Stanislaus River. This program is designed to remove nonnative
striped bass, smallmouth bass, largemouth bass, black bass, and
other nonnative predator fish species that prey on protected
salmonid species.
Title III works within current law to provide federal
agencies the operational flexibility to maximize Delta pumping
levels while still satisfying the needs of ESA listed species.
It also directs the federal agencies to maximize the amount of
water pumped south of the Delta during drought and for two
subsequent normal water years. Section 302 requires the
Secretaries of Agriculture, Commerce and the Interior to
expeditiously issue all necessary permits for water transfers
and the use of temporary barriers or operable gates to improve
the quantity and quality of water available to CVP and SWP
water users. This section also creates a streamlined project
elevation and decision-making process to ensure that decisions
related to projects that provide additional water supplies or
address emergency drought conditions are made expeditiously.
Additional provisions require the Cross Channel gates in the
Delta remain open for longer periods of time to prevent water
from being lost to the Pacific Ocean. Section 306 requires
federal agencies to increase regular project operations pumping
at specific levels if there is no harm to protected species,
and Section 307 authorizes pumping at specific levels to
capture water during the first few storms of the year. Section
313 replaces and satisfies the requirements of the San Joaquin
River Restoration Settlement with a much less expensive warm
water fishery.
Title IV requires Reclamation to complete five feasibility
studies for storage projects in California by certain
timelines. These studies have been ongoing for over 12 years,
prompting many to ask when they will be completed to bring
about new long-term water supplies. Title V, as amended,
includes provisions designed to preserve water rights seniority
and to protect the joint operation of the CVP and SWP. Title VI
allows artificially-spawned Delta smelt and Chinook salmon to
be counted when counting fish populations and requires the
federal government to develop and implement a plan to replace
the 800,000 acre-feet of CVP water, as required by the CVPIA,
within 180 days of enactment.
Western Water Supplies
Much of the western United States other than California
faces drought as well. The West is currently home to more than
70 million people and is one of our country's most productive
agricultural regions. Similar to California's history, the
transformation of the West occurred primarily due to the
multiple benefits of Reclamation's multi-purpose water
projects. Today, Reclamation is the largest water wholesaler in
the nation, providing water to 31 million people and irrigating
ten million acres of farmland that produce 60 percent of the
nation's vegetables and 25 percent of its fruits and nuts,
according to Reclamation.
Yet, despite the longstanding multi-purpose benefits of
water storage, attempts to create new water projects have been
stifled by an increasingly complex federal regulatory
structure, economics and other matters. The last five titles of
H.R. 2898 set forth a more predictable federal permitting
process and updates federal laws to foster the construction of
more water projects throughout the West.
The regulatory process of constructing new surface water
storage--whether federally or non-federally owned--often
involves a host of federal, state, and local permits and
approvals from various agencies. Throughout this process,
federal agencies are not required to coordinate their permits
and approvals with one another. As a result, conflicting agency
permit requirements add time to the project planning and
implementation process and increases the potential for last-
minute surprises that could endanger the success of a project
or require significant additional work. As an example, it took
14 years to permit but just two years to build the 22,400 acre-
foot High Savery Dam Project in Wyoming. A local rancher, Mr.
Pat O'Toole, testified before the Natural Resources Committee
on the permitting time, ``The lead federal agency wasted a
great deal of time making decisions on the project and at times
seemed unable to make decisions. These delays not only
postponed the project, they resulted in wasted time and
money.''
Title VII creates a ``one-stop-shop'' permitting process to
expedite construction of non-federal surface storage
facilities. Specifically, this title establishes Reclamation as
the lead agency for purposes of coordinating all reviews,
analysis, opinions, statements, permits, licenses, or other
federal approvals required under federal law. As the point of
contact for the federal government, Reclamation shall
coordinate the preparation of the unified environmental
documentation that will serve as the basis for all federal
decisions necessary to authorize the use of federal lands, as
well as coordinate the project development and construction of
qualifying projects. The consolidated permitting process
authorized under this title is modeled after the Obama
Administration's ``Interagency Rapid Response Team for
Transmission''. The title also allows the Secretary of the
Interior to accept and spend funds contributed by a non-federal
public entity to expedite the evaluation of a permit relating
to the qualifying project. This process is based on provisions
authorized under Section 140 of Public Law 108-137 to finance
upgrades to the Hetch Hetchy project, which provides water
supplies to San Francisco, California.
With the exception of the Animas-La Plata project in
southwestern Colorado, Reclamation has not built any large
multi-purpose dams and reservoirs over the last generation. One
of the primary reasons is the length of study time and
regulatory analysis. While the previous title is intended to
help facilitate the construction of non-federal dams by
requiring Reclamation to be the lead agency in coordinating
multi-agency permitting reviews, Title VIII is designed to
speed up Reclamation's feasibility study process on surface
water storage that ``would be owned, funded, or operated'' by
the agency, a water recycling or desalination project under
Title XVI of Public Law 102-575, or a rural water supply
project investigated under Public Law 109-451.
Modeled after provisions in the Water Resources Reform and
Development Act of 2014 (Public Law 113-121)--which passed the
House by a vote of 412-4 and the Senate by 91-7--Title VIII
would reform bureaucratic permitting procedures, strengthen
oversight of the agency, and ultimately allow for a more
efficient process of congressional approval of water resource
projects. Title VIII requires future Reclamation feasibility
studies to be completed within three years after the date of
initiation and have a maximum federal cost of $3 million. It
does allow for a maximum seven year extension of that time and
cost if the Interior Secretary provides a detailed
justification to the non-federal project sponsor and Congress.
Title VIII also requires the Interior Secretary to expedite the
completion of any ongoing feasibility studies initiated before
the date of enactment. If the Secretary determines that the
project is justified in a completed report, the Secretary shall
proceed to pre-construction planning, engineering and design of
the project.
To reduce the amount of duplicative review, Title VIII
directs the Interior Secretary to develop and implement a
coordinated environmental review process with Reclamation and
the non-federal project sponsor as lead agencies for expedited
environmental review of a project. Finally, Title VIII directs
the Interior Secretary to develop and submit a report to the
relevant committees in Congress that identifies projects,
proposed projects, and proposed modifications to studies, with
federal and non-federal cost estimates for all three.
Under federal law, any irrigation district or water utility
that receives contracted water from a Reclamation facility must
repay its allocated portion of the capital costs of the federal
water project if it has a capital repayment contract. These
repayment costs are typically set forth in long-term contracts
between a water district and the federal government. At the
same time, irrigation districts are subject to federal land-use
restrictions and paperwork requirements under the Reclamation
Reform Act of 1982 (Public Law 97-293) as long as they owe a
capital debt to Reclamation. This same law does not allow these
water users to make an early repayment to the U.S. Treasury.
Title IX allows water users to pre-pay their repayment
contracts, allowing for early receipts to flow into the federal
government's coffers. Title IX also creates a surface water
storage enhancement program by directing the Secretary to use
50 percent of receipts from early repayment for the
construction of new surface water storage. This amount of
funding would be required to be repaid back by the
beneficiaries.
Reclamation is responsible for maintaining over 400 dams in
the western United States. Of those, 366 would likely cause
loss of life if they were to fail. The Safety of Dams program
allows modification of Reclamation dams if ``the cause of which
results from new hydrologic or seismic data or changes in the
state-of-the-art criteria deemed necessary for safety
purposes.'' Modifications can include structural strengthening
and construction of spillways, filters and drains. Under the
current Safety of Dams program, Reclamation can only evaluate
the corrective action necessary to repair the facility. Current
federal law does not allow the agency to consider various types
of dam improvements, including dam raises, while studying or
making safety repairs.
Title X allows Reclamation to study and construct, if found
feasible and in compliance with Reclamation law, other dam
improvements that would be paid for by project beneficiaries in
conjunction with dam safety repairs under the Safety of Dams
Act. Making such improvements is the equivalent of a homeowner
installing a rooftop window while replacing the shingles on
his/her roof.
Western water law gives states the rights to develop their
own systems of water law. Over the past few years, however,
Westerners have seen a number of federal proposals that have
attempted to extort their water rights in return for special
use permits necessary to operate businesses and family farms.
For example, in 2011, the U.S. Forest Service of the Department
of Agriculture issued an interim directive for ski area special
use permits in Region Two (Colorado and Wyoming). The directive
included a clause requiring applicant ski areas to relinquish
privately held water rights to the United States as a permit
condition. Similarly, last year the Forest Service published
its draft ``Directive on Groundwater Resource Management''.
Title XI prohibits the Departments of the Interior and
Agriculture from conditioning or withholding issuance, renewal,
amendments or extension of any land use permit on the
limitation or encumbrance of any water right to the United
States. It also prohibits requiring water users to apply for or
acquire a water right in the name of the United States under
state law as a condition for such a permit, and prohibits the
federal government from asserting jurisdiction over groundwater
withdrawals or impacts on groundwater resources.
Within these provisions, H.R. 2898 incorporates similar
text from several bills introduced in the 114th Congress,
including H.R. 2085 (Denham), to direct the Secretary of the
Interior to enter into negotiations with interested local water
and power providers for the transfer of ownership, control, and
operation of the New Melones Unit, Central Valley Project; H.R.
2086 (Denham), to direct the Secretary of Commerce, with the
Oakdale Irrigation District and the South San Joaquin
Irrigation District, California, to develop and conduct a pilot
program to remove nonnative predator fishes from the Stanislaus
River, California; H.R. 2097 (Newhouse), Bureau of Reclamation
Surface Water Storage Streamlining Act; H.R. 1830 (Tipton),
Water Rights Protection Act; and H.R. 2749 (Valadao), Dams
Accountability, Maintenance, and Safety Act. It also
incorporates similar text from two bills from the 113th
Congress, H.R. 3980 (McClintock), Water Supply Permitting
Coordination Act, and H.R. 3981 (Hastings of Washington),
Accelerated Revenue, Repayment and Surface Water Storage
Enhancement Act.
Committee Action
H.R. 2898 was introduced on June 25, 2015, by Congressman
David G. Valadao (R-CA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. The bill was also
additionally referred to the Committee on Agriculture. On July
8, 2015, the Natural Resources Committee met to consider the
bill. The Water, Power and Oceans Subcommittee was discharged
by unanimous consent. Congresswoman Grace F. Napolitano (D-CA)
offered amendment designated 007; the amendment was not adopted
by a bipartisan roll call vote of 15 to 24, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Tom McClintock (R-CA) offered an amendment
designated #1; it was adopted by voice vote. Congressman Jim
Costa (D-CA) offered and withdrew an amendment designated 009.
Congressman Jared Huffman (D-CA) offered an amendment
designated 069; the amendment was not adopted by a bipartisan
roll call vote of 12 to 24, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Jim Costa (D-CA) offered an amendment
designated 010; it was adopted by voice vote. Congressman Jared
Huffman (D-CA) offered an amendment designated 070; the
amendment was not adopted by voice vote. Congressman Alan S.
Lowenthal (D-CA) offered an amendment designated 034; it was
not adopted by voice vote. Congressman Raul Ruiz (D-CA) offered
an amendment designated 023; it was not adopted by a bipartisan
roll call vote of 12 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Raul M. Grijalva (D-AZ) offered an amendment
designated #1; it was not adopted by a bipartisan roll call
vote of 13 to 24, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Jared Huffman (D-CA) offered an amendment
designated 067; it was not adopted by a bipartisan roll call
vote of 13 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Jared Huffman (D-CA) offered an amendment
designated 071; it was not adopted by a bipartisan roll call
vote of 12 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On July 9, 2015, the bill, as amended, was adopted and
ordered favorably reported to the House of Representatives by a
bipartisan roll call vote of 23 to 12, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of the Congressional Budget Office but will be
filing a supplemental report on the bill when the cost estimate
is received.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, the Committee does not currently believe this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures but may revise this statement when the requested
Congressional Budget Office cost estimate is received.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide drought relief to the
State of California and other Western states.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in this bill are not currently being nor could they be
performed by one or more agencies, an advisory committee
already in existence or by enlarging the mandate of an existing
advisory committee.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman believes that this bill
directs the Secretary of the Interior to conduct one specific
rule-making proceeding.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CENTRAL VALLEY PROJECT IMPROVEMENT ACT
TITLE XXXIV--CENTRAL VALLEY PROJECT IMPROVEMENT ACT
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Central Valley Project
Improvement Act''.
SEC. 3402. PURPOSES.
The purposes of this title shall be--
(a) to protect, restore, and enhance fish, wildlife,
and associated habitats in the Central Valley and
Trinity River basins of California;
(b) to address impacts of the Central Valley Project
on fish, wildlife and associated habitats;
(c) to improve the operational flexibility of the
Central Valley Project;
(d) to increase water-related benefits provided by
the Central Valley Project to the State of California
through expanded use of voluntary water transfers and
improved water conservation;
(e) to contribute to the State of California's
interim and long-term efforts to protect the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary;
(f) to achieve a reasonable balance among competing
demands for use of Central Valley Project water,
including the requirements of fish and wildlife,
agricultural, municipal and industrial and power
contractors[.]
(g) to ensure that water dedicated to fish and wildlife
purposes by this title is replaced and provided to Central
Valley Project water contractors by December 31, 2018, at the
lowest cost reasonably achievable; and
(h) to facilitate and expedite water transfers in accordance
with this Act.
SEC. 3403. DEFINITIONS.
As used in this title--
[(a) the term ``anadromous fish'' means those stocks
of salmon (including steelhead), striped bass,
sturgeon, and American shad that ascend the Sacramento
and San Joaquin rivers and their tributaries and the
Sacramento-San Joaquin Delta to reproduce after
maturing in San Francisco Bay or the Pacific Ocean;]
(a) the term ``anadromous fish'' means those native stocks of
salmon (including steelhead) and sturgeon that, as of October
30, 1992, were present in the Sacramento and San Joaquin Rivers
and their tributaries and ascend those rivers and their
tributaries to reproduce after maturing in San Francisco Bay or
the Pacific Ocean;
(b) the terms ``artificial propagation'' and
``artificial production'' mean spawning, incubating,
hatching, and rearing fish in a hatchery or other
facility constructed for fish production;
(c) the term ``Central Valley Habitat Joint Venture''
means the association of Federal and State agencies and
private parties established for the purpose of
developing and implementing the North American
Waterfowl Management Plan as it pertains to the Central
Valley of California;
(d) the terms ``Central Valley Project'' or
``project'' mean all Federal reclamation projects
located within or diverting water from or to the
watershed of the Sacramento and San Joaquin rivers and
their tributaries as authorized by the Act of August
26, 1937 (50 Stat. 850) and all Acts amendatory or
supplemental thereto, including but not limited to the
Act of October 17, 1940 (54 Stat. 1198, 1199), Act of
December 22, 1944 (58 Stat. 887), Act of October 14,
1949 (63 Stat. 852), Act of September 26, 1950 (64
Stat. 1036), Act of August 27, 1954 (68 Stat. 879), Act
of August 12, 1955 (69 Stat. 719), Act of June 3, 1960
(74 Stat. 156), Act of October 23, 1962 (76 Stat.
1173), Act of September 2, 1965 (79 Stat. 615), Act of
August 19, 1967 (81 Stat. 167), Act of August 27, 1967
(81 Stat. 173), Act of October 23, 1970 (84 Stat.
1097), Act of September 28, 1976 (90 Stat. 1324) and
Act of October 27, 1986 (100 Stat. 3050);
(e) the term ``Central Valley Project service area''
means that area of the Central Valley and San Francisco
Bay Area where water service has been expressly
authorized pursuant to the various feasibility studies
and consequent congressional authorizations for the
Central Valley Project;
(f) the term ``Central Valley Project water'' means
all water that is developed, diverted, stored, or
delivered by the Secretary in accordance with the
statutes authorizing the Central Valley Project and in
accordance with the terms and conditions of water
rights acquired pursuant to California law;
(g) the term ``full cost'' has the meaning given such
term in paragraph (3) of section 202 of the Reclamation
Reform Act of 1982;
(h) the term ``natural production'' means fish
produced to adulthood without direct human intervention
in the spawning, rearing, or migration processes;
(i) the term ``Reclamation laws'' means the Act of
June 17, 1902 (82 Stat. 388) and all Acts amendatory
thereof or supplemental thereto;
(j) the term ``Refuge Water Supply Report'' means the
report issued by the Mid-Pacific Region of the Bureau
of Reclamation of the U.S. Department of the Interior
entitled Report on Refuge Water Supply Investigations,
Central Valley Hydrologic Basin, California (March
1989);
(k) the terms ``repayment contract'' and ``water
service contract'' have the same meaning as provided in
sections 9(d) and 9(e) of the Reclamation Project Act
of 1939 (53 Stat. 1187, 1195), as amended;
(l) the terms ``Restoration Fund'' and ``Fund'' mean
the Central Valley Project Restoration Fund established
by this title; [and,]
(m) the term ``Secretary'' means the Secretary of the
Interior[.]; and
(n) the term ``reasonable flow'' means water flows capable of
being maintained taking into account competing consumptive uses
of water and economic, environmental, and social factors.
* * * * * * *
SEC. 3405. WATER TRANSFERS, IMPROVED WATER MANAGEMENT AND CONSERVATION.
(a) Water Transfers.-- [In order to]
(1) In general._In order to assist California urban
areas, agricultural water users, and others in meeting
their future water needs, subject to the conditions and
requirements of this subsection, all individuals or
districts who receive Central Valley Project water
under water service or repayment contracts, water
rights settlement contracts or exchange contracts
entered into prior to or after the date of enactment of
this title are authorized to transfer all or a portion
of the water subject to such contract to any other
California water user or water agency, State or Federal
agency, Indian tribe, or private nonprofit organization
for project purposes or any purpose recognized as
beneficial under applicable State law. [Except as
provided herein]
(2) Expedited transfer of water._The Secretary shall
take all necessary actions to facilitate and expedite
transfers of Central Valley Project water in accordance
with--
(A) this Act;
(B) any other applicable provision of the
reclamation laws; and
(C) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Terms._Except as otherwise provided in this
section, the terms of such transfers shall be set by
mutual agreement between the transferee and the
transferor.
[(1)] (4) Conditions for transfers.-- All transfers
to Central Valley Project water authorized by this
subsection shall be subject to review and approval by
the Secretary under the conditions specified in this
subsection. Transfers involving more than 20 percent of
the Central Valley Project water subject to long-term
contract within any contracting district or agency
shall also be subject to review and approval by such
district or agency under the conditions specified in
this subsection:
(A) No transfer [to] or combination of
transfers authorized by this subsection shall
exceed, in any year, the average annual
quantity of water under contract actually
delivered to the contracting district or agency
during the last three years of normal water
delivery prior to the date of enactment of this
title.
(B) All water under the contract which is
transferred under authority of this subsection
to any district or agency which is not a
Central Valley Project contractor at the time
of enactment of this title shall, if used for
irrigation purposes, be repaid at the greater
of the full-cost or cost of service rates, or,
if the water is used for municipal and
industrial purposes, at the greater of the cost
of service or municipal and industrial rates.
(C) No transfers authorized by this
subsection shall be approved unless the
transfer is between a willing buyer and a
willing seller under such terms and conditions
as may be mutually agreed upon.
(D) No transfer authorized by this subsection
shall be approved unless the transfer is
consistent with State law, including but not
limited to provisions of the California
Environmental Quality Act.
(E) All transfers authorized by this
subsection shall be deemed a beneficial use of
water by the transferor for the purposes of
section 8 of the Act of June 17, 1902, 32 Stat.
390, 43 U.S.C. 372.
(F) All transfers entered into pursuant to
this subsection for uses outside the Central
Valley Project service area shall be subject to
a right of first refusal on the same terms and
conditions by entities within the Central
Valley Project service area. The right of first
refusal must be exercised within ninety days
from the date that notice is provided of the
proposed transfer. Should an entity exercise
the right of first refusal, it must compensate
the transferee who had negotiated the agreement
upon which the right of first refusal is being
exercised for that entity's total costs
associated with the development and negotiation
of the transfer.
(G) No transfer authorized by this subsection
shall be considered by the Secretary as
conferring supplemental or additional benefits
on Central Valley Project water contractors as
provided in section 203 of Public Law 97-293
(43 U.S.C. 390(cc)).
(H) The Secretary shall not approve a
transfer authorized by this subsection unless
the Secretary has determined, consistent with
paragraph [3405(a)(2) of this title] (5), that
the transfer will not violate the provisions of
this title or other Federal law and will have
no significant adverse effect on the
Secretary's ability to deliver water pursuant
to the Secretary's Central Valley Project
contractual obligations or fish and wildlife
obligations under this title because of
limitations in conveyance or pumping capacity.
(I) The water subject to any transfer
undertaken pursuant to this subsection shall be
limited to water that would have been
consumptively used or irretrievably lost to
beneficial use during the year or years of the
transfer.
(J) The Secretary shall not approve a
transfer authorized by this subsection unless
the Secretary determines, consistent with
paragraph [3405(a)(2) of this title] (5), that
such transfer will have no significant long-
term adverse impact on groundwater conditions
in the transferor's service area.
(K) The Secretary shall not approve a
transfer unless the Secretary determines,
consistent with paragraph [3405(a)(2) of this
title] (5), that such transfer will have no
unreasonable impact on the water supply,
operations, or financial conditions of the
transferor's contracting district or agency or
its water users.
(L) The Secretary shall not approve a
transfer if the Secretary determines,
consistent with paragraph [3405(a)(2) of this
title] (5), that such transfer would result in
a significant reduction in the quantity or
decrease in the quality of water supplies
currently used for fish and wildlife purposes,
unless the Secretary determines pursuant to
findings setting forth the basis for such
determination that such adverse effects would
be more than offset by the benefits of the
proposed transfer. In the event of such a
determination, the Secretary shall develop and
implement alternative measures and mitigation
activities as integral and concurrent elements
of any such transfer to provide fish and
wildlife benefits substantially equivalent to
those lost as a consequence of such transfer.
(M) Transfers between Central Valley Project
contractors within counties, watersheds, or
other areas of origin, as those terms are
utilized under California law, shall be deemed
to meet the conditions set forth in
subparagraphs (A) and (I) of this paragraph.
[(2)] (5) Review and approval of transfers.-- All
transfers subject to review and approval under this
subsection shall be reviewed and approved in a manner
consistent with the following:
(A) Decisions on water transfers subject to
review by a contracting district or agency or
by the Secretary shall be rendered within
ninety days of receiving a written transfer
proposal from the transferee or transferor.
Such written proposal should provide all
information reasonably necessary to determine
whether the transfer complies with the terms
and conditions of this subsection.
(B) All transfers subject to review by a
contracting district or agency shall be
reviewed in a public process similar to that
provided for in section 226 of Public Law 97-
293.
(C) The contracting district or agency or the
Secretary shall approve all transfers subject
to review and approval by such entity if such
transfers are consistent with the terms and
conditions of this subsection. To disapprove a
transfer, the contracting district or agency or
the Secretary shall inform the transferee and
transferor, in writing, why the transfer does
not comply with the terms and conditions of
this subsection and what alternatives, if any,
could be included so that the transfer would
reasonably comply with the requirements of this
subsection.
(D) If the contracting district or agency or
the Secretary fails to approve or disapprove a
proposed transfer within ninety days of
receiving a complete written proposal from the
transferee or transferor, then the transfer
shall be deemed approved.
(E) The contracting district from which the
water is coming, the agency, or the Secretary
shall determine if a written transfer proposal
is complete within 45 days after the date of
submission of the proposal. If the contracting
district or agency or the Secretary determines
that the proposal is incomplete, the district
or agency or the Secretary shall state with
specificity what must be added to or revised
for the proposal to be complete.
[(3)] (6) Transfers executed after September 30, 1999
shall only be governed by the provisions of
subparagraphs [3405(a)(1)(A)-(C), (E), (G), (H), (I),
(L), and (M) of this title] (A) through (C), (E), (G),
(H), (I), (L), and (M) of paragraph (4), and by State
law.
(b) Metering of Water Use Required.--All Central Valley
Project water service or repayment contracts for agricultural,
municipal, or industrial purposes that are entered into,
renewed, or amended under any provision of Federal Reclamation
law after the date of enactment of this title, shall provide
that the contracting district or agency shall ensure that all
surface water delivery systems within its boundaries are
equipped with water measuring devices or water measuring
methods of comparable effectiveness acceptable to the Secretary
within five years of the date of contract execution, amendment,
or renewal, and that any new surface water delivery systems
installed within its boundaries on or after the date of
contract renewal are so equipped. The contracting district or
agency shall inform the Secretary and the State of California
annually as to the monthly volume of surface water delivered
within its boundaries.
(c) State and Federal Water Quality Standards.--All Central
Valley Project water service or repayment contracts for
agricultural, municipal, or industrial purposes that are
entered into, renewed, or amended under any provision of
Federal Reclamation law after the date of enactment of this
title, shall provide that the contracting district or agency
shall be responsible for compliance with all applicable State
and Federal water quality standards applicable to surface and
subsurface agricultural drainage discharges generated within
its boundaries. This subsection shall not affect or alter any
legal obligation of the Secretary to provide drainage services.
(d) Water Pricing Reform.--All Central Valley Project water
service or repayment contracts for a term longer than three
years for agricultural, municipal, or industrial purposes that
are entered into, renewed, or amended under any provision of
Federal Reclamation law after the date of enactment of this
title shall provide that all project water subject to contract
shall be made available to districts, agencies, and other
contracting entities pursuant to a system of tiered water
pricing. Such a system shall specify rates for each district,
agency or entity based on an inverted block rate structure with
the following provisions:
(1) the first rate tier shall apply to a quantity of
water up to 80 percent of the contract total and shall
not be less than the applicable contract rate;
(2) the second rate tier shall apply to that quantity
of water over 80 percent and under 90 percent of the
contract total and shall be at a level halfway between
the rates established under paragraphs (1) and (3) of
this subsection;
(3) the third rate tier shall apply to that quantity
of water over 90 percent of the contract total and
shall not be less than the full cost rate; and
(4) the Secretary shall charge contractors only for
water actually delivered.
The Secretary shall waive application of this subsection as it
relates to any project water delivered to produce a crop which
the Secretary determines will provide significant and
quantifiable habitat values for waterfowl in fields where the
water is used and the crops are produced: Provided, That such
waiver shall apply only if such habitat values can be assured
consistent with the purposes of this title through binding
agreements executed with or approved by the Secretary.
(e) Water Conservation Standards.--The Secretary shall
establish and administer an office of Central Valley Project
water conservation best management practices that shall, in
consultation with the Secretary of Agriculture, the California
Department of Water Resources, California academic
institutions, and Central Valley Project water users, develop
criteria for evaluating the adequacy of all water conservation
plans developed by project contractors, including those plans
required by section 210 of the Reclamation Reform Act of 1982.
(1) Criteria developed pursuant to this subsection
shall be established within six months following
enactment of this title and shall be reviewed
periodically thereafter, but no less than every three
years, with the purpose of promoting the highest level
of water use efficiency reasonably achievable by
project contractors using best available cost-effective
technology and best management practices. The criteria
shall include, but not be limited to agricultural water
suppliers' efficient water management practices
developed pursuant to California State law or
reasonable alternatives.
(2) The Secretary, through the office established
under this subsection, shall review and evaluate within
18 months following enactment of this title all
existing conservation plans submitted by project
contractors to determine whether they meet the
conservation and efficiency criteria established
pursuant to this subsection.
(3) In developing the water conservation best
management practice criteria required by this
subsection, the Secretary shall take into account and
grant substantial deference to the recommendations for
action specific to water conservation and drainage
source reduction proposed in the Final Report of the
San Joaquin Valley Drainage Program, entitled A
Management Plan for Agricultural Subsurface Drainage
and Related Problems on the Westside San Joaquin Valley
(September 1990).
(f) Increased Revenues.--All revenues received by the
Secretary as a result of the increased repayment rates
applicable to water transferred from irrigation use to
municipal and industrial use under subsection 3405(a) of this
section, and all increased revenues received by the Secretary
as a result of the increased water prices established under
subsection 3405(d) of this section, shall be covered to the
Restoration Fund.
SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION.
(a) Amendments to Central Valley Project Authorizations.--Act
of August 26, 1937.--Section 2 of the Act of August 26, 1937
(chapter 832; 50 Stat. 850), as amended, is amended--
(1) in the second proviso of subsection (a), by
inserting ``and mitigation, protection, and restoration
of fish and wildlife'' after ``Indian reservations,'';
(2) in the last proviso of subsection (a), by
striking ``domestic uses;'' and inserting ``domestic
uses and fish and wildlife mitigation, protection and
restoration purposes;'' and by striking ``power'' and
inserting ``power and fish and wildlife enhancement'';
(3) by adding at the end the following: ``The
mitigation for fish and wildlife losses incurred as a
result of construction, operation, or maintenance of
the Central Valley Project shall be based on the
replacement of ecologically equivalent habitat and
shall take place in accordance with the provisions of
this title and concurrent with any future actions which
adversely affect fish and wildlife populations or their
habitat but shall have no priority over them.''; and
(4) by adding at the end the following: ``(e) Nothing
in this title shall affect the State's authority to
condition water rights permits for the Central Valley
Project.''
(b) Fish and Wildlife Restoration Activities.--The Secretary,
immediately upon the enactment of this title, shall operate the
Central Valley Project to meet all obligations under State and
Federal law, including but not limited to the Federal
Endangered Species Act, 16 U.S.C. 1531, et seq., and all
decisions of the California State Water Resources Control Board
establishing conditions on applicable licenses and permits for
the project. The Secretary, in consultation with other State
and Federal agencies, Indian tribes, and affected interests, is
further authorized and directed to:
(1) develop within three years of enactment and
implement a program which makes all reasonable efforts
to ensure that, by the year 2002, natural production of
anadromous fish in Central Valley rivers and streams
will be sustainable, on a long-term basis, at levels
not less than twice the average levels attained during
the period of 1967-1991; Provided, That this goal shall
not apply to the San Joaquin River between Friant Dam
and the Mendota Pool, for which a separate program is
authorized under subsection 3406(c) of this title;
Provided further, That the programs and activities
authorized by this section shall, when fully
implemented, be deemed to meet the mitigation,
protection, restoration, and enhancement purposes
established by subsection 3406(a) of this title; And
provided further, That in the course of developing and
implementing this program the Secretary shall make all
reasonable efforts consistent with the requirements of
this section to address other identified adverse
environmental impacts of the Central Valley Project not
specifically enumerated in this section.
(A) This program shall give first priority to
measures which protect and restore natural
channel and riparian habitat values through
habitat restoration actions, modifications to
Central Valley Project operations, and
implementation of the supporting measures
mandated by this subsection; shall be reviewed
and updated every five years; and shall
describe how the Secretary intends to operate
the Central Valley Project to meet the fish,
wildlife, and habitat restoration goals and
requirements set forth in this title and other
project purposes.
(B) As needed to achieve the goals of this
program, the Secretary is authorized and
directed to modify Central Valley Project
operations to provide flows of suitable
quality, quantity, and timing to protect all
life stages of anadromous fish, except that
such flows shall be provided from the quantity
of water dedicated to fish, wildlife, and
habitat restoration purposes under paragraph
(2) of this subsection; from the water supplies
acquired pursuant to paragraph (3) of this
subsection; and from other sources which do not
conflict with fulfillment of the Secretary's
remaining contractual obligations to provide
Central Valley Project water for other
authorized purposes. Instream flow needs for
all Central Valley Project controlled streams
and rivers shall be determined by the Secretary
based on recommendations of the United States
Fish and Wildlife Service after consultation
with the California Department of Fish and
Game.
(C) The Secretary shall cooperate with the
State of California to ensure that, to the
greatest degree practicable, the specific
quantities of yield dedicated to and managed
for fish and wildlife purposes under this title
are credited against any additional obligations
of the Central Valley Project which may be
imposed by the State of California following
enactment of this title, including but not
limited to increased flow and reduced export
obligations which may be imposed by the
California State Water Resources Control Board
in implementing San Francisco Bay/Sacramento-
San Joaquin Delta Estuary standards pursuant to
the review ordered by the California Court of
Appeals in United States v. State Water
Resources Control Board, 182 Cal.App.3d 82
(1986), and that, to the greatest degree
practicable, the programs and plans required by
this title are developed and implemented in a
way that avoids inconsistent or duplicative
obligations from being imposed upon Central
Valley Project water and power contractors.
(D) Costs associated with this paragraph
shall be reimbursable pursuant to existing
statutory and regulatory procedures.
(2) upon enactment of this title dedicate and manage
annually eight hundred thousand acre-feet of Central
Valley Project yield for the primary purpose of
implementing the fish, wildlife, and habitat
restoration purposes and measures authorized by this
title; to assist the State of California in its efforts
to protect the waters of the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary; and to help to
meet such obligations as may be legally imposed upon
the Central Valley Project under State or Federal law
following the date of enactment of this title,
including but not limited to additional obligations
under the Federal Endangered Species Act. For the
purpose of this section, the term ``Central Valley
Project yield'' means the delivery capability of the
Central Valley Project during the 1928-1934 drought
period after fishery, water quality, and other flow and
operational requirements imposed by terms and
conditions existing in licenses, permits, and other
agreements pertaining to the Central Valley Project
under applicable State or Federal law existing at the
time of enactment of this title have been met.
(A) Such quantity of water shall be in
addition to the quantities needed to implement
paragraph 3406(d)(1) of this title and in
addition to all water allocated pursuant to
paragraph (23) of this subsection for release
to the Trinity River for the purposes of
fishery restoration, propagation, and
maintenance; and shall be supplemented by all
water that comes under the Secretary's control
pursuant to subsections 3406(b)(3), 3408(h)-
(i), and through other measures consistent with
subparagraph 3406(b)(1)(B) of this title.
(B) Such quantity of water shall be managed
pursuant to conditions specified by the United
States Fish and Wildlife Service after
consultation with the Bureau of Reclamation and
the California Department of Water Resources
and in cooperation with the California
Department of Fish and Game.
[Pursuant to section 604(b) of H.R. 2898 (as reported), ``[i]f
the plan required in subsection (a) has not increased the
Central Valley Project yield by 800,000 acre-feet within 5
years after the enactment of this Act'', then subparagraph (C)
of section 3406(b)(2) of the Central Valley Project Improvement
Act is amended to read as follows:]
[(C) The Secretary may temporarily reduce
deliveries of the quantity of water dedicated
under this paragraph up to 25 percent of such
total whenever reductions due to hydrologic
circumstances are imposed upon agricultural
deliveries of Central Valley Project water;
Provided, That such reductions shall not exceed
in percentage terms the reductions imposed on
agricultural service contractors; Provided
further, That nothing in this subsection or
subsection 3406(e) shall require the Secretary
to operate the project in a way that
jeopardizes human health or safety.]
(C) If by March 15, 2021, and any year
thereafter the quantity of Central Valley
Project water forecasted to be made available
to all water service or repayment contractors
of the Central Valley Project is below 50
percent of the total quantity of water to be
made available under said contracts, the
quantity of Central Valley Project yield
dedicated and managed for that year under this
paragraph shall be reduced by 25 percent.
(D) If the quantity of water dedicated under
this paragraph, or any portion thereof, is not
needed for the purposes of this section, based
on a finding by the Secretary, the Secretary is
authorized to make such water available for
other project purposes.
(3) develop and implement a program in coordination
and in conformance with the plan required under
paragraph (1) of this subsection for the acquisition of
a water supply to supplement the quantity of water
dedicated to fish and wildlife purposes under paragraph
(2) of this subsection and to fulfill the Secretary's
obligations under paragraph 3406(d)(2) of this title.
The program should identify how the Secretary intends
to utilize, in particular the following options:
improvements in or modifications of the operations of
the project; water banking; conservation; transfers;
conjunctive use; and temporary and permanent land
fallowing, including purchase, lease, and option of
water, water rights, and associated agricultural land.
(4) develop and implement a program to mitigate for
fishery impacts associated with operations of the Tracy
Pumping Plant. Such program shall include, but is not
limited to improvement or replacement of the fish
screens and fish recovery facilities and practices
associated with the Tracy Pumping Plant. Costs
associated with this paragraph shall be reimbursed in
accordance with the following formula: 37.5 percent
shall be reimbursed as main project features, 37.5
percent shall be considered a nonreimbursable Federal
expenditure, and 25 percent shall be paid by the State
of California. The reimbursable share of funding for
this and other facility repairs, improvements, and
construction shall be allocated among project water and
power users in accordance with existing project cost
allocation procedures.
(5) develop and implement a program to mitigate for
fishery impacts resulting from operations of the Contra
Costa Canal Pumping Plant No. 1. Such program shall
provide for construction and operation of fish
screening and recovery facilities, and for modified
practices and operations. Costs associated with this
paragraph shall be reimbursed in accordance with the
following formula: 37.5 percent shall be reimbursed as
main project features, 37.5 percent shall be considered
a nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(6) install and operate a structural temperature
control device at Shasta Dam and develop and implement
modifications in CVP operations as needed to assist in
the Secretary's efforts to control water temperatures
in the upper Sacramento River in order to protect
anadromous fish in the upper Sacramento River. Costs
associated with planning and construction of the
structural temperature control device shall be
reimbursed in accordance with the following formula:
37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(7) meet flow standards and objectives and diversion
limits set forth in all laws and judicial decisions
that apply to Central Valley Project facilities,
including, but not limited to, provisions of this title
and all obligations of the United States under the
``Agreement Between the United States and the
Department of Water Resources of the State of
California for Coordinated Operation of the Central
Valley Project and the State Water Project'' dated May
20, 1985, as well as Public Law 99-546.
(8) make use of short pulses of increased water flows
to increase the survival of migrating anadromous fish
moving into and through the Sacramento-San Joaquin
Delta and Central Valley rivers and streams.
(9) develop and implement a program to eliminate, to
the extent possible, losses of anadromous fish due to
flow fluctuations caused by the operation of any
Central Valley Project storage or re-regulating
facility. The program shall be patterned where
appropriate after the agreement between the California
Department of Water Resources and the California
Department of Fish and Game with respect to the
operation of the California State Water Project
Oroville Dam complex.
(10) develop and implement measures to minimize fish
passage problems for adult and juvenile anadromous fish
at the Red Bluff Diversion Dam in a manner that
provides for the use of associated Central Valley
Project conveyance facilities for delivery of water to
the Sacramento Valley National Wildlife Refuge complex
in accordance with the requirements of subsection (d)
of this section. Costs associated with implementation
of this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be
reimbursed as main project features, 37.5 percent shall
be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of
California.
(11) rehabilitate and expand the Coleman National
Fish Hatchery by implementing the United States Fish
and Wildlife Service's Coleman National Fish Hatchery
Development Plan, and modify the Keswick Dam Fish Trap
to provide for its efficient operation at all project
flow release levels and modify the basin below the
Keswick Dam spillway to prevent the trapping of fish.
Costs associated with implementation of this paragraph
shall be reimbursed in accordance with the following
formula: 50 percent shall be reimbursed as main project
features and 50 percent shall be considered a
nonreimbursable Federal expenditure.
(12) develop and implement a comprehensive program to
provide flows to allow sufficient spawning, incubation,
rearing, and outmigration for salmon and steelhead from
Whiskeytown Dam as determined by instream flow studies
conducted by the California Department of Fish and Game
after Clear Creek has been restored and a new fish
ladder has been constructed at the McCormick-Saeltzer
Dam. Costs associated with channel restoration, passage
improvements, and fish ladder construction required by
this paragraph shall be allocated 50 percent to the
United States as a nonreimbursable expenditure and 50
percent to the State of California. Costs associated
with providing the flows required by this paragraph
shall be allocated among project purposes.
(13) develop and implement a continuing program for
the purpose of restoring and replenishing, as needed,
spawning gravel lost due to the construction and
operation of Central Valley Project dams, bank
protection projects, and other actions that have
reduced the availability of spawning gravel and rearing
habitat in the Upper Sacramento River from Keswick Dam
to Red Bluff Diversion Dam, and in the American and
Stanislaus Rivers downstream from the Nimbus and
Goodwin Dams, respectively. The program shall include
preventive measures, such as re-establishment of
meander belts and limitations on future bank protection
activities, in order to avoid further losses of
instream and riparian habitat. Costs associated with
implementation of this paragraph shall be reimbursed in
accordance with the following formula: 37.5 percent
shall be reimbursed as main project features, 37.5
percent shall be considered a nonreimbursable Federal
expenditure, and 25 percent shall be paid by the State
of California.
(14) develop and implement a program which provides
for modified operations and new or improved control
structures at the Delta Cross Channel and Georgiana
Slough during times when significant numbers of striped
bass eggs, larvae, and juveniles approach the
Sacramento River intake to the Delta Cross Channel or
Georgiana Slough. Costs associated with implementation
of this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be
reimbursed as main project features, 37.5 percent shall
be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of
California.
(15) construct, in cooperation with the State of
California and in consultation with local interests, a
barrier at the head of Old River in the Sacramento-San
Joaquin Delta to be operated on a seasonal basis to
increase the survival of young outmigrating salmon that
are diverted from the San Joaquin River to Central
Valley Project and State Water Project pumping plants
and in a manner that does not significantly impair the
ability of local entities to divert water. The costs
associated with implementation of this paragraph shall
be reimbursed in accordance with the following formula:
37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(16) establish, in cooperation with independent
entities and the State of California, a comprehensive
assessment program to monitor fish and wildlife
resources in the Central Valley to assess the
biological results and effectiveness of actions
implemented pursuant to this subsection. 37.5 percent
of the costs associated with implementation of this
paragraph shall be reimbursed as main project features,
37.5 percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by
the State of California.
(17) develop and implement a program to resolve
fishery passage problems at the Anderson-Cottonwood
Irrigation District Diversion Dam as well as upstream
stranding problems related to Anderson-Cottonwood
Irrigation District Diversion Dam operations. Costs
associated with implementation of this paragraph shall
be allocated 50 percent to the United States as a
nonreimbursable expenditure and 50 percent to the State
of California.
(18) if requested by the State of California, assist
in developing and implementing management measures to
restore the striped bass fishery of the Bay-Delta
estuary. Such measures shall be coordinated with
efforts to protect and restore native fisheries. Costs
associated with implementation of this paragraph shall
be allocated 50 percent to the United States and 50
percent to the State of California. The United States'
share of costs associated with implementation of this
paragraph shall be nonreimbursable.
(19) reevaluate existing operational criteria in
order to maintain minimum carryover storage at
Sacramento and Trinity River reservoirs to protect and
restore the anadromous fish of the Sacramento and
Trinity Rivers in accordance with the mandates and
requirements of this subsection and subject to the
Secretary's responsibility to fulfill all project
purposes, including agricultural water delivery.
(20) participate with the State of California and
other Federal agencies in the implementation of the on-
going program to mitigate fully for the fishery impacts
associated with operations of the Glenn-Colusa
Irrigation District's Hamilton City Pumping Plant. Such
participation shall include replacement of the
defective fish screens and fish recovery facilities
associated with the Hamilton City Pumping Plant. This
authorization shall not be deemed to supersede or alter
existing authorizations for the participation of other
Federal agencies in the mitigation program. Seventy-
five percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by
the State of California.
(21) assist the State of California in efforts to
develop and implement measures to avoid losses of
juvenile anadromous fish resulting from unscreened or
inadequately screened diversions on the Sacramento and
San Joaquin rivers, their tributaries, the Sacramento-
San Joaquin Delta, and the Suisun Marsh. Such measures
shall include but shall not be limited to construction
of screens on unscreened diversions, rehabilitation of
existing screens, replacement of existing non-
functioning screens, and relocation of diversions to
less fishery-sensitive areas. The Secretary's share of
costs associated with activities authorized under this
paragraph shall not exceed 50 percent of the total cost
of any such activity.
(22) provide such incentives as the Secretary
determines to be appropriate or necessary, consistent
with the goals and objectives of this title, to
encourage farmers to participate in a program, which
the Secretary shall develop, under which such farmers
will keep fields flooded during appropriate time
periods for the purposes of waterfowl habitat creation
and maintenance and for Central Valley Project yield
enhancement; Provided, That such incentives shall not
exceed $2,000,000 annually, either directly or through
credits against other contractual payment obligations,
including the pricing waivers authorized under
subsection 3405(d) of this tile; Provided further, That
the holder of the water contract shall pass such
incentives through to farmers participating in the
program, less reasonable contractor costs, if any; And
provided further, That such water may be transferred
subject to section 3405(a) of this title only if the
farmer waives all rights to such incentives. This
provision shall terminate by the year 2002.
(23) in order to meet Federal trust responsibilities
to protect the fishery resources of the Hoopa Valley
Tribe, and to meet the fishery restoration goals of the
Act of October 24, 1984, Public Law 98-541, provide
through the Trinity River Division, for water years
1992 through 1996, an instream release of water to the
Trinity River of not less than three hundred and forty
thousand acre-feet per year for the purposes of fishery
restoration, propagation, and maintenance and,
(A) by September 30, 1996, the Secretary,
after consultation with the Hoopa Valley Tribe,
shall complete the Trinity River Flow
Evaluation Study currently being conducted by
the United States Fish and Wildlife Service
under the mandate of the Secretarial Decision
of January 14, 1981, in a manner which insures
the development of recommendations, based on
the best available scientific data, regarding
permanent instream fishery flow requirements
and Trinity River Division operating criteria
and procedures for the restoration and
maintenance of the Trinity River fishery; and
(B) not later than December 31, 1996, the
Secretary shall forward the recommendations of
the Trinity River Flow Evaluation Study,
referred to in subparagraph (A) of this
paragraph, to the Committee on Energy and
Natural Resources and the Select Committee on
Indian Affairs of the Senate and the Committee
on Interior and Insular Affairs and the
Committee on Merchant Marine and Fisheries of
the House of Representatives. If the Secretary
and the Hoopa Valley Tribe concur in these
recommendations, any increase to the minimum
Trinity River instream fishery releases
established under this paragraph and the
operating criteria and procedures referred to
in subparagraph (A) shall be implemented
accordingly. If the Hoopa Valley Tribe and the
Secretary do not concur, the minimum Trinity
River instream fishery releases established
under this paragraph shall remain in effect
unless increased by an Act of Congress,
appropriate judicial decree, or agreement
between the Secretary and the Hoopa Valley
Tribe. Costs associated with implementation of
this paragraph shall be reimbursable as
operation and maintenance expenditures pursuant
to existing law.
If the Secretary and the State of California determine that
long-term natural fishery productivity in all Central Valley
Project controlled rivers and streams resulting from
implementation of this section exceeds that which existed in
the absence of Central Valley Project facilities, the costs of
implementing those measures which are determined to provide
such enhancement shall become credits to offset reimbursable
costs associated with implementation of this subsection.
(c) San Joaquin and Stanislaus Rivers.--The Secretary shall,
by not later than September 30, 1996:
(1) develop a comprehensive plan, which is
reasonable, prudent, and feasible, to address fish,
wildlife, and habitat concerns on the San Joaquin
River, including but not limited to the streamflow,
channel, riparian habitat, and water quality
improvements that would be needed to reestablish where
necessary and to sustain naturally reproducing
anadromous fisheries from Friant Dam to its confluence
with the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary. Such plan shall be developed in cooperation
with the California Department of Fish and Game and in
coordination with the San Joaquin River Management
Program under development by the State of California;
shall comply with and contain any documents required by
the National Environmental Policy Act and contain
findings setting forth the basis for the Secretary's
decision to adopt and implement the plan as well as
recommendations concerning the need for subsequent
Congressional action, if any; and shall incorporate,
among other relevant factors, the potential
contributions of tributary streams as well as the
alternatives to be investigated under paragraph (2) of
this subsection. During the time that the Secretary is
developing the plan provided for in this subsection,
and until such time as Congress has authorized the
Secretary to implement such plan, with or without
modifications, the Secretary shall not, as a measure to
implement this title, make releases for the restoration
of flows between Gravelly Ford and the Mendota Pool and
shall not thereafter make such releases as a measure to
implement this title without a specific Act of Congress
authorizing such releases. In lieu of such requirement,
and until such time as flows of sufficient quantity,
quality and timing are provided at and below Gravelly
Ford to meet the anadromous fishery needs identified
pursuant to such plan, if any, entities who receive
water from the Friant Division of the Central Valley
Project shall be assessed, in addition to all other
applicable charges, a $4 per acre-foot surcharge for
all Project water delivered on or before September 30,
1997; a $5 per acre-foot surcharge for all Project
water delivered after September 30, 1997 but on or
before September 30, 1999; and a $7 per acre-foot
surcharge for all Project water delivered thereafter,
to be covered into the Restoration Fund.
(2) in the course of preparing the Stanislaus River
Basin and Calaveras River Water Use Program
Environmental Impact Statement and in consultation with
the State of California, affected counties, and other
interests, evaluate and determine existing and
anticipated future basin needs in the Stanislaus River
Basin. In the course of such evaluation, the Secretary
shall investigate alternative storage, release, and
delivery regimes, including but not limited to
conjunctive use operations, conservation strategies,
exchange arrangements, and the use of base and channel
maintenance flows, in order to best satisfy both basin
and out-of-basin needs consistent, on a continuing
basis, with the limitations and priorities established
in the Act of October 23, 1962 (76 Stat. 173). For the
purposes of this subparagraph, ``basin needs'' shall
include water supply for agricultural, municipal and
industrial uses, and maintenance and enhancement of
water quality, and fish and wildlife resources within
the Stanislaus River Basin as established by the
Secretary's June 29, 1981 Record of Decision; and
``out-of-basin'' needs shall include all such needs
outside of the Stanislaus River Basin, including those
of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and those of the San Joaquin River under
paragraph (1) of this subsection.
(d) Central Valley Refuges and Wildlife Habitat Areas.--In
support of the objectives of the Central Valley Habitat Joint
Venture and in furtherance of the purposes of this title, the
Secretary shall provide, either directly or through contractual
agreements with other appropriate parties, firm water supplies
of suitable quality to maintain and improve wetland habitat
areas on units of the National Wildlife Refuge System in the
Central Valley of California; on the Gray Lodge, Los Banos,
Volta, North Grasslands, and Mendota state wildlife management
areas; and on the Grasslands Resources Conservation District in
the Central Valley of California.
(1) Upon enactment of this title, the quantity and
delivery schedules of water measured at the boundaries
of each wetland habitat area described in this
paragraph shall be in accordance with level 2 of the
``Dependable Water Supply Needs'' table for those
habitat areas as set forth in the Refuge Water Supply
Report and two-thirds of the water supply needed for
full habitat development for those habitat areas
identified in the San Joaquin Basin Action Plan/
Kesterson Mitigation Action Plan Report prepared by the
Bureau of Reclamation. Such water shall be provided
through long-term contractual agreements with
appropriate parties and shall be supplemented by the
increment of water provided for in paragraph (1) of
this subsection; Provided, That the Secretary shall be
obligated to provide such water whether or not such
long-term contractual agreements are in effect. In
implementing this paragraph, the Secretary shall
endeavor to diversify sources of supply in order to
minimize possible adverse effects upon Central Valley
Project contractors.
(2) Not later than ten years after enactment of this
title, the quantity and delivery schedules of water
measured at the boundaries of each wetland habitat area
described in this paragraph shall be in accordance with
level 4 of the ``Dependable Water Supply Needs'' table
for those habitat areas as set forth in the Refuge
Water Supply Report and the full water supply needed
for full habitat development for those habitat areas
identified in the San Joaquin Basin Action Plan/
Kesterson Mitigation Action Plan Report prepared by the
Bureau of Reclamation. The quantities of water required
to supplement the quantities provided under paragraph
(1) of this subsection shall be acquired by the
Secretary in cooperation with the State of California
and in consultation with the Central Valley Habitat
Joint Venture and other interests in cumulating
increments of not less than ten percent per annum
through voluntary measures which include water
conservation, conjunctive use, purchase, lease,
donations, or similar activities, or a combination of
such activities which do not require involuntary
reallocations of project yield.
(3) All costs associated with implementation of
paragraph (1) of this subsection shall be reimbursable
pursuant to existing law. Incremental costs associated
with implementation of paragraph (2) of this subsection
shall be fully allocated in accordance with the
following formula: 75 percent shall be deemed a
nonreimbursable Federal expenditure; and 25 percent
shall be allocated to the State of California for
recovery through direct reimbursements or through
equivalent in-kind contributions.
(4) The Secretary may temporarily reduce deliveries
of the quantity of water dedicated under paragraph (1)
of this subsection up to 25 percent of such total
whenever reductions due to hydrologic circumstances are
imposed upon agricultural deliveries of Central Valley
Project water; Provided, That such reductions shall not
exceed in percentage terms the reductions imposed on
agricultural service contractors. For the purpose of
shortage allocation, the priority or priorities
applicable to the increment of water provided under
paragraph (2) of this subsection shall be the priority
or priorities which applied to the water in question
prior to its transfer to the purpose of providing such
increment.
(5) The Secretary is authorized and directed to
construct or to acquire from non-Federal entities such
water conveyance facilities, conveyance capacity, and
wells as are necessary to implement the requirements of
this subsection; Provided, That such authorization
shall not extend to conveyance facilities in or around
the Sacramento-San Joaquin Delta Estuary. Associated
construction or acquisition costs shall be reimbursable
pursuant to existing law in accordance with the cost
allocations set forth in paragraph (3) of this
subsection.
(6) The Secretary, in consultation with the State of
California, the Central Valley Habitat Joint Venture,
and other interests, shall investigate and report on
the following supplemental actions by not later than
September 30, 1997:
(A) alternative means of improving the
reliability and quality of water supplies
currently available to privately owned wetlands
in the Central Valley and the need, if any, for
additional supplies; and
(B) water supply and delivery requirements
necessary to permit full habitat development
for water dependent wildlife on one hundred and
twenty thousand acres supplemental to the
existing wetland habitat acreage identified in
Table 8 of the Central Valley Habitat Joint
Venture's ``Implementation Plan'' dated April
19, 1990, as well as feasible means of meeting
associated water supply requirements.
(e) Supporting Investigations.--Not later than five years
after the date of enactment of this title, the Secretary shall
investigate and provide recommendations to the Committee on
Energy and Natural Resources of the Senate and the Committees
on Interior and Insular Affairs and Merchant Marine and
Fisheries of the House on the feasibility, cost, and
desirability of developing and implementing each of the
following, including, but not limited to, the impact on the
project, its users, and the State of California:
(1) measures to maintain suitable temperatures for
anadromous fish survival in the Sacramento and San
Joaquin rivers and their tributaries, and the
Sacramento-San Joaquin Delta by controlling or
relocating the discharge of irrigation return flows and
sewage effluent, and by restoring riparian forests;
(2) opportunities for additional hatchery production
to mitigate the impacts of water development and
operations on, or enhance efforts to increase Central
Valley fisheries; Provided, That additional hatchery
production shall only be used to supplement or to re-
establish natural production while avoiding adverse
effects on remaining wild stocks;
(3) measures to eliminate barriers to upstream and
downstream migration of salmonids in the Central
Valley, including but not limited to screening
programs, barrier removal programs and programs for the
construction or rehabilitation of fish ladders on
tributary streams;
(4) installation and operation of temperature control
devices at Trinity Dam and Reservoir to assist in the
Secretary's efforts to conserve cold water for fishery
protection purposes;
(5) measures to provide for modified operations and
new or improved control structures at the Delta Cross
Channel and Georgiana Slough to assist in the
successful migration of anadromous fish; and
(6) other measures which the Secretary determines
would protect, restore, and enhance natural production
of salmon and steelhead trout in tributary streams of
the Sacramento and San Joaquin Rivers, including but
not limited to the Merced, Mokulumne, and Calaveras
Rivers and Battle, Butte, Deer, Elder, Mill, and Thomes
Creeks.
(f) Report on Project Fishery Impacts.--The Secretary, in
consultation with the Secretary of Commerce, the State of
California, appropriate Indian tribes, and other appropriate
public and private entities, shall investigate and report on
all effects of the Central Valley Project on anadromous fish
populations and the fisheries, communities, tribes, businesses
and other interests and entities that have now or in the past
had significant economic, social or cultural association with
those fishery resources. The Secretary shall provide such
report to the Committee on Energy and Natural Resources of the
Senate and the Committees on Interior and Insular Affairs and
Merchant Marine and Fisheries of the House of Representatives
not later than two years after the date of enactment of this
title.
(g) Ecosystem and Water System Operations Models.--The
Secretary, in cooperation with the State of California and
other relevant interests and experts, shall develop readily
usable and broadly available models and supporting data to
evaluate the ecologic and hydrologic effects of existing and
alternative operations of public and private water facilities
and systems in the Sacramento, San Joaquin, and Trinity River
watersheds. The primary purpose of this effort shall be to
support the Secretary's efforts in fulfilling the requirements
of this title through improved scientific understanding
concerning, but not limited to, the following:
(1) a comprehensive water budget of surface and
groundwater supplies, considering all sources of inflow
and outflow available over extended periods;
(2) related water quality conditions and improvement
alternatives, including improved temperature prediction
capabilities as they relate to storage and flows;
(3) surface-ground and stream-wetland interactions;
(4) measures needed to restore anadromous fisheries
to optimum and sustainable levels in accordance with
the restored carrying capacities of Central Valley
rivers, streams, and riparian habitats;
(5) development and use of base flows and channel
maintenance flows to protect and restore natural
channel and riparian habitat values;
(6) implementation of operational regimes at State
and Federal facilities to increase springtime flow
releases, retain additional floodwaters, and assist in
restoring both upriver and downriver riparian habitats;
(7) measures designed to reach sustainable harvest
levels of resident and anadromous fish, including
development and use of systems of tradeable harvest
rights;
(8) opportunities to protect and restore wetland and
upland habitats throughout the Central Valley; and
(9) measures to enhance the firm yield of existing
Central Valley Project facilities, including improved
management and operations, conjunctive use
opportunities, development of offstream storage, levee
setbacks, and riparian restoration.
All studies and investigations shall take into account and be
fully consistent with the fish, wildlife, and habitat
protection and restoration measures required by this title or
by any other State or Federal law. Seventy-five percent of the
costs associated with implementation of this subsection shall
be borne by the United States as a nonreimbursable cost; the
remaining 25 percent shall be borne by the State of California.
(h) The Secretary shall enter into a binding cost-share
agreement with the State of California with respect to the
timely reimbursement of costs allocated to the State in this
title. Such agreement shall provide for consideration of the
value of direct reimbursements, specific contributions to the
Restoration Fund, and water, conveyance capacity, or other
contributions in-kind that would supplement existing programs
and that would, as determined by the Secretary, materially
contribute to attainment of the goals and objectives of this
title.
SEC. 3407. RESTORATION FUND.
(a) Restoration Fund Established.--There is hereby
established in the Treasury of the United States the ``Central
Valley Project Restoration Fund'' (hereafter ``Restoration
Fund'') which shall be available for deposit of donations from
any source and revenues provided under sections 3404(c)(3),
3405(f), 3406(c)(1), and 3407(d) of this title. Amounts
deposited shall be credited as offsetting collections. Not less
than 67 percent of all funds made available to the Restoration
Fund under this title are authorized to be appropriated to the
Secretary to carry out the habitat restoration, improvement and
acquisition (from willing sellers) provisions of this title.
Not more than 33 percent of all funds made available to the
Restoration Fund under this title are authorized to be
appropriated to the Secretary to carry out the provisions of
paragraphs 3406(b)(4)-(6), (10)-(18), and (20)-(22) of this
title. Monies donated to the Restoration Fund by non-Federal
entities for specific purposes shall be expended for those
purposes only and shall not be subject to appropriation.
(b) Authorization of Appropriations.--Such sums as are
necessary, up to $50,000,000 per year (October 1992 price
levels), are authorized to be appropriated to the Secretary to
be derived from the Restoration Fund to carry out programs,
projects, plans, and habitat restoration, improvement, and
acquisition provisions of this title. Any funds paid into the
Restoration Fund by Central Valley Project water and power
contractors and which are also used to pay for the projects and
facilities set forth in section 3406(b), shall act as an offset
against any water and power contractor cost share obligations
that are otherwise provided for in this title.
(c) Mitigation and Restoration Payments by Water and Power
Beneficiaries.--
(1) To the extent required in appropriation Acts, the
Secretary shall assess and collect additional annual
mitigation and restoration payments, in addition to the
charges provided for or collected under sections
3404(c)(3), [3405(a)(1)(C)] 3405(a)(4)(C), 3405(f), and
3406(c)(1) of this title, consisting of charges to
direct beneficiaries of the Central Valley Project
under subsection (d) of this section in order to
recover a portion or all of the costs of fish,
wildlife, and habitat restoration programs and projects
under this title.
(2) The payment described in this subsection shall be
established at amounts that will result in collection,
during each fiscal year, of an amount that can be
reasonably expected to equal the amount appropriated
each year, subject to subsection (d) of this section,
and in combination with all other receipts identified
under this title, to carry out the purposes identified
in subsection (b) of this section; Provided, That, if
the total amount appropriated under subsection (b) of
this section for the fiscal years following enactment
of this title does not equal $50,000,000 per year
(October 1992 price levels) on an average annual basis,
the Secretary shall impose such charges in fiscal year
1998 and in each fiscal year thereafter, subject to the
limitations in subsection (d) of this section, as may
be required to yield in fiscal year 1998 and in each
fiscal year thereafter total collections equal to
$50,000,000 per year (October 1992 price levels) on a
three-year rolling average basis for each fiscal year
that follows enactment of this title.
(d) Adjustment and Assessment of Mitigation and Restoration
Payments.--
(1) In assessing the annual payments to carry out
subsection (c) of this section, the Secretary shall,
prior to each fiscal year, estimate the amount that
could be collected in each fiscal year pursuant to
subparagraphs 2(A) and (B) of this subsection. The
Secretary shall decrease all such payments on a
proportionate basis from amounts contained in the
estimate so that an aggregate amount is collected
pursuant to the requirements of paragraph (c)(2) of
this section.
(2) The Secretary shall assess and collect the
following mitigation and restoration payments, to be
covered to the Restoration Fund, subject to the
requirements of paragraph (1) of this subsection:
(A) The Secretary shall require Central
Valley Project water and power contractors to
make such additional annual payments as are
necessary to yield, together with all other
receipts, the amount required under paragraph
(c)(2) of this subsection; Provided, That such
additional payments shall not exceed
$30,000,000 (October 1992 price levels) on a
three-year rolling average basis; Provided
further, That such additional annual payments
shall be allocated so as not to exceed $6 per
acre-foot (October 1992 price levels) for
agricultural water sold and delivered by the
Central Valley Project, and $12 per acre-foot
(October 1992 price levels) for municipal and
industrial water sold and delivered by the
Central Valley Project; Provided further, That
the charge imposed on agricultural water shall
be reduced, if necessary, to an amount within
the probable ability of the water users to pay
as determined and adjusted by the Secretary no
less than every five years, taking into account
the benefits resulting from implementation of
this title; Provided further, That the
Secretary shall impose an additional annual
charge of $25 per acre-foot (October 1992 price
levels) for Central Valley Project water sold
or transferred to any State or local agency or
other entity which has not previously been a
Central Valley Project customer and which
contracts with the Secretary or any other
individual or district receiving Central Valley
Project water to purchase or otherwise transfer
any such water for its own use for municipal
and industrial purposes, to be deposited in the
Restoration Fund; And Provided further, That
upon the completion of the fish, wildlife, and
habitat mitigation and restoration actions
mandated under section 3406 of this title, the
Secretary shall reduce the sums described in
paragraph (c)(2) of this section to $35,000,000
per year (October 1992 price levels) and shall
reduce the annual mitigation and restoration
payment ceiling established under this
subsection to $15,000,000 (October 1992 price
levels) on a three-year rolling average basis.
The amount of the mitigation and restoration
payment made by Central Valley Project water
and power users, taking into account all funds
collected under this title, shall, to the
greatest degree practicable, be assessed in the
same proportion, measured over a ten-year
rolling average, as water and power users'
respective allocations for repayment of the
Central Valley Project.
(e) Funding to Non-Federal Entities.--If the Secretary
determines that the State of California or an agency or
subdivision thereof, an Indian tribe, or a nonprofit entity
concerned with restoration, protection, or enhancement of fish,
wildlife, habitat, or environmental values is able to assist in
implementing any action authorized by this title in an
efficient, timely, and cost effective manner, the Secretary is
authorized to provide funding to such entity on such terms and
conditions as he deems necessary to assist in implementing the
identified action.
(f) Restoration Fund Financial Reports.--The Secretary shall,
not later than the first full fiscal year after enactment of
this title, and annually thereafter, submit a detailed report
to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the Senate, and the Committee on
Interior and Insular Affairs, the Committee on Merchant Marine
and Fisheries, and the Committee on Appropriations of the House
of Representatives. Such report shall describe all receipts to
and uses made of monies within the Restoration Fund and the
Restoration Account during the prior fiscal year and shall
include the Secretary's projection with respect to receipts to
and uses to be made of the finds during the next upcoming
fiscal year.
(g) Plan on Expenditure of Funds.--
(1) In general.-- For each fiscal year, the
Secretary, in consultation with the Advisory Board,
shall submit to Congress a plan for the expenditure of
all of the funds deposited into the Restoration Fund
during the preceding fiscal year.
(2) Contents.-- The plan shall include an analysis of
the cost-effectiveness of each expenditure.
(h) Advisory Board.--
(1) Establishment.-- There is established the
Restoration Fund Advisory Board (referred to in this
section as the ``Advisory Board''), which shall be
composed of 11 members appointed by the Secretary.
(2) Membership.--
(A) In general.-- The Secretary shall appoint
members to the Advisory Board that represent
the various Central Valley Project
stakeholders, of whom--
(i) 4 members shall be agricultural
users of the Central Valley Project,
including at least one agricultural
user from north-of-the-Delta and one
agricultural user from south-of-the-
Delta;
(ii) 2 members shall be municipal and
industrial users of the Central Valley
Project, including one municipal and
industrial user from north-of-the-Delta
and one municipal and industrial user
from south-of-the-Delta;
(iii) 3 members shall be power
contractors of the Central Valley
Project, including at least one power
contractor from north-of-the-Delta and
from south-of-the-Delta;
(iv) 1 member shall be a
representative of a Federal national
wildlife refuge that contracts for
Central Valley Project water supplies
with the Bureau of Reclamation; and
(v) 1 member shall have expertise in
the economic impacts of the changes to
water operations.
(B) Observer.-- The Secretary and the
Secretary of Commerce may each designate a
representative to act as an observer of the
Advisory Board.
(C) Chair.-- The Secretary shall appoint 1 of
the members described in subparagraph (A) to
serve as Chair of the Advisory Board.
(3) Terms.-- The term of each member of the Advisory
Board shall be 4 years.
(4) Date of appointments.-- The appointment of a
member of the Panel shall be made not later than--
(A) the date that is 120 days after the date
of enactment of this Act; or
(B) in the case of a vacancy on the Panel
described in subsection (c)(2), the date that
is 120 days after the date on which the vacancy
occurs.
(5) Vacancies.--
(A) In general.-- A vacancy on the Panel
shall be filled in the manner in which the
original appointment was made and shall be
subject to any conditions that applied with
respect to the original appointment.
(B) Filling unexpired term.-- An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(C) Expiration of terms.-- The term of any
member shall not expire before the date on
which the successor of the member takes office.
(6) Removal.-- A member of the Panel may be removed
from office by the Secretary of the Interior.
(7) Federal advisory committee act.-- The Panel shall
not be subject to the requirements of the Federal
Advisory Committee Act.
(8) Duties.-- The duties of the Advisory Board are--
(A) to meet not less frequently than
semiannually to develop and make
recommendations to the Secretary regarding
priorities and spending levels on projects and
programs carried out under this title;
(B) to ensure that any advice given or
recommendation made by the Advisory Board
reflects the independent judgment of the
Advisory Board;
(C) not later than December 31, 2015, and
annually thereafter, to submit to the Secretary
and Congress the recommendations under
subparagraph (A); and
(D) not later than December 31, 2015, and
biennially thereafter, to submit to Congress
details of the progress made in achieving the
actions required under section 3406.
(9) Administration.-- With the consent of the
appropriate agency head, the Advisory Board may use the
facilities and services of any Federal agency.
(10) Cooperation and assistance.--
(A) Provision of information.-- Upon request
of the Panel Chair for information or
assistance to facilitate carrying out this
section, the Secretary of the Interior shall
promptly provide such information, unless
otherwise prohibited by law.
(B) Space and assistance.-- The Secretary of
the Interior shall provide the Panel with
appropriate and adequate office space, together
with such equipment, office supplies, and
communications facilities and services as may
be necessary for the operation of the Panel,
and shall provide necessary maintenance
services for such offices and the equipment and
facilities located therein.
SEC. 3408. ADDITIONAL AUTHORITIES.
(a) Regulations and Agreements Authorized.--The Secretary is
authorized and directed to promulgate such regulations and
enter into such agreements as may be necessary to implement the
intent, purposes and provisions of this title.
(b) Use of Electrical Energy.--Electrical energy used to
operate and maintain facilities developed for fish and wildlife
purposes pursuant to this title, including that used for
groundwater development, shall be deemed as Central Valley
Project power and shall, if reimbursable, be repaid in
accordance with Reclamation law at a price not higher than the
lowest price paid by or charged to other Central Valley Project
contractors.
(c) Contracts for Additional Storage and Delivery of Water.--
The Secretary is authorized to enter into contracts pursuant to
Reclamation law and this title with any Federal agency,
California water user or water agency, State agency, or private
nonprofit organization for the exchange, impoundment, storage,
carriage, and delivery of Central Valley Project and non-
project water for domestic, municipal, industrial, fish and
wildlife, and any other beneficial purpose, except that nothing
in this subsection shall be deemed to supersede the provisions
of section 103 of Public Law 99-546 (100 Stat. 3051).
(d) Use of Project Facilities for Water Banking.--The
Secretary, in consultation with the State of California, is
authorized to enter into agreements to allow project
contracting entities to use project facilities, where such
facilities are not otherwise committed or required to fulfill
project purposes or other Federal obligations, for supplying
carry-over storage of irrigation and other water for drought
protection, multiple-benefit credit-storage operations, and
other purposes. The use of such water shall be consistent with
and subject to State law. All or a portion of the water
provided for fish and wildlife under this title may be banked
for fish and wildlife purposes in accordance with this
subsection.
(e) Limitation on Construction.--This title does not and
shall not be interpreted to authorize construction of water
storage facilities, nor shall it limit the Secretary's ability
to participate in water banking or conjunctive use programs.
(f) Annual Reports to Congress.--Not later than September 30
of each calendar year after the date of enactment of this
title, the Secretary shall submit a detailed report to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs and the Committee on
Merchant Marine and Fisheries of the House of Representatives.
Such report shall describe all significant actions taken by the
Secretary pursuant to this title and progress toward
achievement of the intent, purposes and provisions of this
title. Such report shall include recommendations for
authorizing legislation or other measures, if any, needed to
implement the intent, purposes and provisions of this title.
(g) Reclamation Law.--This title shall amend and supplement
the Act of June 17, 1902, and Acts supplementary thereto and
amendatory thereof.
(h) Land Retirement.--
(1) The Secretary is authorized to purchase from
willing sellers land and associated water rights and
other property interests identified in paragraph (h)(2)
which receives Central Valley Project water under a
contract executed with the United States, and to target
such purchases to areas deemed most beneficial to the
overall purchase program, including the purposes of
this title.
(2) The Secretary is authorized to purchase, under
the authority of paragraph (h)(i), and pursuant to such
rules and regulations as may be adopted or promulgated
to implement the provisions of this subsection,
agricultural land which, in the opinion of the
Secretary--
(A) would, if permanently retired from
irrigation, improve water conservation by a
district, or improve the quality of an
irrigation district's agricultural wastewater
and assist the district in implementing the
provisions of a water conservation plan
approved under section 210 of the Reclamation
Reform Act of 1982 and agricultural wastewater
management activities developed pursuant to
recommendations specific to water conservation,
drainage source reduction, and land retirement
contained in the final report of the San
Joaquin Valley Drainage Program (September,
1990); or
(B) are no longer suitable for sustained
agricultural production because of permanent
damage resulting from severe drainage or
agricultural wastewater management problems,
groundwater withdrawals, or other causes.
(i) Water Conservation.--
(1) The Secretary is authorized to undertake, in
cooperation with Central Valley Project irrigation
contractors, water conservation projects or measures
needed to meet the requirements of this title. The
Secretary shall execute a cost-sharing agreement for
any such project or measure undertaken. Under such
agreement, the Secretary is authorized to pay up to 100
percent of the costs of such projects or measures. Any
water saved by such projects or measures shall be
governed by the conditions of subparagraph [3405(a)(1)
(A) and (J) of this title] subparagraphs (A) and (J) of
section 3405(a)(4), and shall be made available to the
Secretary in proportion to the Secretary's contribution
to the total cost of such project or measure. Such
water shall be used by the Secretary to meet the
Secretary's obligations under this title, including the
requirements of paragraph 3406(b)(3). Such projects or
measures must be implemented fully by September 30,
1999.
(2) There are authorized to be appropriated through
the end of fiscal year 1998 such sums as may be
necessary to carry out the provisions of this
subsection. Funds appropriated under this subsection
shall be a nonreimbursable Federal expenditure.
(j) Project Yield Increase.--In order to minimize adverse
effects, if any, upon existing Central Valley Project water
contractors resulting from the water dedicated to fish and
wildlife under this title, and to assist the State of
California in meeting its future water needs, the Secretary
shall, not later than three years after the date of enactment
of this title, develop and submit to the Congress, a least-cost
plan to increase, within fifteen years after the date of
enactment of this title, the yield of the Central Valley
Project by the amount dedicated to fish and wildlife purposes
under this title. The plan authorized by this subsection shall
include, but shall not be limited to a description of how the
Secretary intends to use the following options:
(1) improvements in, modification of, or additions to
the facilities and operations of the project;
(2) conservation;
(3) transfers;
(4) conjunctive use;
(5) purchase of water;
(6) purchase and idling of agricultural land; and
(7) direct purchase of water rights.
Such plan shall include recommendations on appropriate cost-
sharing arrangements and shall be developed in a manner
consistent with all applicable State and Federal law.
(k) Except as specifically provided in this title, nothing in
this title is intended to alter the terms of any final judicial
decree confirming or determining water rights.
* * * * * * *
----------
RECLAMATION SAFETY OF DAMS ACT OF 1978
* * * * * * *
Sec. 3. [Construction] Except as provided in section 5B,
construction authorized by this Act shall be for the purposes
of dam safety and not for the specific purposes of providing
additional conservation storage capacity or of developing
benefits over and above those provided by the original dams and
reservoirs. Nothing in this Act shall be construed to reduce
the amount of project costs allocated to reimbursable purposes
heretofore authorized.
* * * * * * *
SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
Notwithstanding section 3, if the Secretary determines that
additional project benefits, including but not limited to
additional conservation storage capacity, are feasible and not
inconsistent with the purposes of this Act, the Secretary is
authorized to develop additional project benefits through the
construction of new or supplementary works on a project in
conjunction with the Secretary's activities under section 2 of
this Act and subject to the conditions described in the
feasibility study, provided--
(1) the Secretary determines that developing
additional project benefits through the construction of
new or supplementary works on a project will promote
more efficient management of water and water-related
facilities;
(2) the feasibility study pertaining to additional
project benefits has been authorized pursuant to
section 8 of the Federal Water Project Recreation Act
of 1965 (16 U.S.C. 4601-18); and
(3) the costs associated with developing the
additional project benefits are agreed to in writing
between the Secretary and project proponents and shall
be allocated to the authorized purposes of the
structure and repaid consistent with all provisions of
Federal Reclamation law (the Act of June 17, 1902, 43
U.S.C. 371 et seq.) and Acts supplemental to and
amendatory of that Act.
* * * * * * *
DISSENTING VIEWS
H.R. 2898 sets an unprecedented standard for state
preemption, environmental disregard, and a stunning
indifference to the thousands whose jobs will be threatened by
this legislation if enacted. The legislation would gut fishery
protections supporting thousands of fishing industry jobs, as
well as jobs in fish processing, restaurants, docks and
harbors, boating, equipment supply, and tourism.
The last closure of the West Coast salmon fishery, in 2008
and 2009, required $158 million in disaster relief from
Congress. This bill will make another devastating closure more
likely in order to redistribute water to large industrial
farming operations at the expense of millions of other
stakeholders. The State of California recently called for
federal legislation that ``does not favor one region or
economic sector of the state over another.'' H.R. 2898 does the
opposite, picking one winner and millions of losers in the
California drought.
H.R. 2898 also ties the hands of federal water managers by
barring emergency water releases that prevent massive fish
kills on the Klamath River. Several tribes depend on the fish
protected by these emergency releases for subsistence and
ceremonial needs. Representative Raul Ruiz (D-CA) offered an
amendment to safeguard Indian tribal water rights; this
amendment was not agreed to.
If enacted, this legislation would cause more legal
uncertainty for local communities, not less. Title III would
repeal the court-ordered, legally-binding, San Joaquin River
Restoration Settlement Act and prohibit further federal
participation in the San Joaquin River Settlement. Repealing
that Act will result in a return to legal uncertainty, as well
as possible dramatic cuts to water diversions. Water, Power and
Oceans Subcommittee Ranking Member Jared Huffman (D-CA) offered
an amendment to strike the repeal language to prevent the
reopening of a settlement that ended twenty years of
litigation; this amendment was not agreed to.
This bill repeals the balanced environmental protections
under the Central Valley Project Improvement Act, including
limiting the definition of protected fish species to those
present in 1992. This would exclude any salmon recovered as a
part of the San Joaquin Settlement, since there were no salmon
in the San Joaquin River in 1992.
This legislation also sets a dangerous precedent of
preempting state water rights, leaving other states vulnerable
to this kind of federal infringement. California law is
preempted in several areas, including preemption of the state's
laws requiring restoration of the San Joaquin River and an
override of the state's authority to determine compliance with
its water quality standards. In an effort to ensure that state
water rights are respected, Representative Grace Napolitano (D-
CA) offered an amendment that would prevent the preemption of
California law; this amendment was not agreed to.
This legislation includes numerous provisions that waive or
weaken bedrock environmental laws, including the Endangered
Species Act and the National Environmental Policy Act. These
laws provide a minimal safety net for species nearing
extinction and help ensure that environmental impacts of
projects funded with federal dollars are fully analyzed, that a
range of alternatives are considered, that environmental
impacts are mitigated, and that the public have input into the
decision-making process. This bill weakens application of these
critical laws, and in some cases waives them entirely.
The scope of harmful provisions included in this
legislation is matched only by the number of necessary
provisions left out. H.R. 2898 will not support the co-equal
goals, as stated in the bipartisan Sacramento-San Joaquin Delta
Reform Act of 2009, of first providing a more reliable water
supply for California, and second protecting, restoring, and
enhancing the overall quality of the California Bay-Delta.
H.R. 2898 will not solve California's water problems
through a thoughtful, science-based, stakeholder-inclusive
process.
H.R. 2898 will not resolve the long-standing issues on the
San Joaquin River or provide flood protection and water supply
projects for farmers that were approved as a part of the San
Joaquin River Restoration Settlement Act.
H.R. 2898 will not sustain or rebuild the salmon
populations, which are the backbone of the West Coast salmon
fishery and support fishermen, their livelihoods, and local
coastal communities.
H.R. 2898 would destroy local economies, livelihoods, and
the environment, all to benefit special interests, and set the
dangerous precedent of federal law overturning state water law.
H.R. 2898 offers no real solutions and must be rejected.
Raul Grijalva.
Jared Huffman.
Alan Lowenthal.
Jared Polis.
Lois Capps.
Grace Napolitano.
Ruben Gallego.
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